PROVISIONS 


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JK 1861 
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OF THE 


ATIONAL AND STATE CONSTITUTIONS AND LAWS 


RELATING TO TIIE 


RIGHT OF SUFFRAGE. 


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PREPARED BY 


THE SELECT ^COMMITTEE OF THE HOUSE OF EEPEE- 
SENTATIVES OF THE FOETY-FIEST CONGRESS 
ON THE NINTH CENSUS. 


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WASHINGTON: 
GOVERNMENT PRINTING OFFICE. 
1869. 

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PROVISIONS 


OF 

THE NATIONAL AND STATE CONSTITUTIONS 

AND 

LAWS .RELATING TO THE RIGHT OF SUFFRAGE. 


EXTRACTS FROM THE CONSTITUTION OF THE UNITED 

STATES. 

Art. I, Sec. 2. (3.) Representatives and direct taxes shall be appor 
tioned among the several States which may be included within the 
Union, according to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the United 
States, and within every subsequent term of 10 years, in such manner 
'as they shall by law direct. The number of representatives shall not 
exceed one for every 30,000, but each State shall have at least one 
representative ; and until such enumeration shall be made, the State of 
New Hampshire shall be entitled to choose three 5 Massachusetts, eight; 
Rhode Island and Providence Plantations, one; Connecticut, five; New 
York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Mary¬ 
land, six; Virginia, ten; North Carolina, five; South Carolina, five, and 
Georgia, three. 

(4.) When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such vacan¬ 
cies. 


AMENDMENTS. 

Art. XIV, Sec. 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States, and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities of citi¬ 
zens of the United States; nor shall any State deprive any person of life* 
liberty, or property without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the law. 

Sec. 2 . Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of per¬ 
sons in each State, excluding Indians not taxed. But when the right to 
vote at any election for the choice of electors for President and Vice-Pres¬ 
ident of the United States, representatives in Congress, the executive and 



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judicial officers of a State, or the members of the legislatures thereof, is 
denied to any of the male inhabitants of such State, being 21 years of 
age, and citizens of the United States, or in any way abridged, except 
for participation in rebellion, or other crime, the basis of representation 
therein shall be reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male citizens 21 years of 
age in such State. 

# * * # # * * # 

Art. XY, (now pending for adoption,) Sec. 1. The right of citizens 
of the United States to vote shall not be denied or abridged by the 
United States, or by any State, on account of race, color, or previous 
condition of servitude. 

Sec. 2 . The Congress shall have power to enforce this article by appro¬ 
priate legislation. 

EXTEACTS FBOM STATE COXSTITUTIOXS. 

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[N. B.—The following extracts from State constitutions are intended to exhibit only the 
qualifications of electors, and the causes specified for exclusion from the right of suffrage in 
the several States. They do not, therefore, embrace sections relating to the time and manner 
of holding and making returns of elections, the powers and duties of public officers, the pun¬ 
ishment of frauds, nor the exemptions and privileges of electors. ] 

Alabama (1S67.) 

Art. YII, Sec. 2. Every male person, born in the United States, and 
every male person who has been naturalized, or who has legally de¬ 
clared his intention to become a citizen of the United States, 21 years 
old or upward, who shall have resided in this State six months next 
preceding the election, and three months in the county in which lie , 
offers to vote, as hereinafter provided, shall be deemed an elector: Pro¬ 
vided, That no soldier, or sailor, or marine in the military or naval ser¬ 
vice of the United States, shall hereafter acquire a residence by reason 
of being stationed on duty in this State. 

Sec. 3. It shall be the duty of the general assembly to provide, from 
time to time, for the registration of all electors; but the following 
classes of persons shall not be permitted to register, vote, or hold office": 

1 . Those who, during the late rebellion, inflicted, or caused to be 
inflicted any cruel or unusual punishment upon any soldier, sailor, or 
marine, employe or citizen of the United States, or who in any other 
way violated the rules of civilized warfare. 

2 . Those who may be disqualified from holding office by the proposed 
amendment to the Constitution of the United States, known as Ar¬ 
ticle XIY, and those who have been disqualified from registering to 
vote for delegates to the convention to frame a constitution for the 
State of Alabama, under the act of Congress “to provide for the more 
efficient government of the rebel States,” passed by Congress March 2, 
1867, # and the acts supplementary thereto, except such persons as aided 
in the reconstruction proposed by Congress, and accept the political- 


* This act allowe.l constitutions to be formed by conventions of delegates “elected by the 
male citizens of said State, 21 years old and upward, of whatever race, color, or previous 
condition, who have been resident in such State for one year previous to the day of such 
election, except such as may be disfranchised for participation in rebellion or for felony at 
common law.” The constitutions formed at such conventions were to provide that the elec¬ 
tive franchise should be enjoyed only by such persons as had the qualifications above stated 
for electors of delegates. 





equality of all men before the law: Provided , That the general assembly 
shall have power to remove the disabilities incurred under this clause.* 

3. Those who shall have been convicted of treason, embezzlement of 
public funds, malfeasance in office, crime punishable by law with impris¬ 
onment in the penitentiary, or bribery. 

4. Those who are idiots or insane. 

[By article I, section 34, it is declared that temporary absence from 
the State shall not cause forfeiture of residence once obtained.] 

Arkansas. (18G8.) 

Art. VIII, Sec. 2. Every male person born in the United States, 
and every male person who has been naturalized, or has legally declared 
his intention to become a citizen of the United States, who is 21 years 
Qld or upwards, and who shall have resided in the State six months 
next preceding the election, and who at the time is an actual resident 
of the county in which he offers to vote, except as hereinafter provided, 
shall be deemed an elector: Provided , Ah) soldier, or sailor, or marine, 
in the military or naval service of the United States, shall acquire a 
residence by reason of being stationed on duty in this State. 

Sec. 3. The following classes shall not be permitted to register, or 
hold office, viz: 

1. Those who during rebellion took the oath of allegiance, or gave 
bonds for loyalty and good behavior to the United States government, 
and afterwards gave aid, comfort, or countenance to those engaged in 
armed hostility to the government of the United States, either by 
becoming a soldier in the rebel army, or by entering the lines of said 
army, or adhering in any way to the cause of rebellion, or by accom¬ 
panying any armed force belonging to the rebel army, or by furnishing 
supplies of any kind to the same. 

2 . Those who are disqualified as electors, or from holding office in the 
State or States from which they came. 

3. Those persons who during the late rebellion violated the rules of 
civilized warfare. 

4. Those who may be disqualified by the proposed amendment to the 
Constitution of the United States, known as Article XIV, and those 
who have been disqualified from registering to vote for delegates to the 
convention to frame a constitution for the State of Arkansas, under the 
act of Congress entitled “An act to provide for the more efficient gov¬ 
ernment of the rebel States,” passed March 2,1807, and the acts supple¬ 
mental thereto.! 

5. Those who shall have been convicted of treason, embezzlement of 
public funds, malfeasance in office, crimes punishable by law with 
imprisonment in the penitentiary, or bribery. 

0 . Those who are idiots or insane: Provided , That all persons included 
in the 1st, 2d, 3d, and 4th subdivisions of this section, who have openly 
advocated or who have voted for the reconstruction proposed by Con¬ 
gress, and accept the equality of all men before the la w, shall be deemed 
qualified electors under this constitution. 

Sec. 4. The general assembly shall have the power, by a two-thirds 
vote of each house, approved by the governor, to remove the disabilities 
included in the 1st, 2d, 3d, and 4th subdivisions of section three, of this 

* This authority has been exercised in the form of a regular enactment, removing all dis¬ 
abilities, so that nowall males ‘21 years of a^e, with the exception of convicted criminals, 
are allowed to vote, 
t See note to Alabama. 


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article, when it appears that such person applying for relief from such 
disabilities has in good faith returned to his allegiance to the govern¬ 
ment of the United States: Provided , The general assembly shall have 
no power to remove the disabilities of any person embraced in the afore¬ 
said subdivisions who, after the adoption of this constitution by the 
convention, persists in opposing the acts of Congress and reconstruc¬ 
tion thereunder.* 

[By article I, section 22, persons concerned in duels are forever deprived 
of the right of voting at any election.] 

C alifornia. (1849.) 

Art. II, Sec. 1. Every white male citizen of the United States, and 
every white male citizen of Mexico, who shall have elected to be¬ 
come a citizen of the United States, under the treaty of peace exchanged 
and ratified at Queretaro, on the 30th day of May, 1848, of the age 
of 21 years, who shall have been a resident of the State six months 
next preceding the election, and the county or district in which 
he claims his vote, 30 days, shall be entitled to vote at all elections 
which are now, or hereafter may be authorized by law :f Provided , That 
nothing herein contained shall be construed to prevent the legislature, 
by a two-thirds concurrent vote, from admitting to the right of suffrage 
Indians or the descendants of Indians, in such special cases as such a 
proportion of the legislative body may deem just and proper. 

Sec. 4. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service of the United States,! nor while engaged in the 
navigation of the waters of this State, or of the United States, or of 
the high seas; nor while a student of any seminary of learning; nor 
while kept at any almshouse or other asylum at public expense; nor 
while confined in any public prison. 

Sec. 5. Xo idiot or insane person, or person convicted of any infa¬ 
mous crime, shall be entitled to the privileges of an elector. 

Art. XI, Sec. 19. Absence from the State on business of the State, or 
of the United States, shall not affect the question of residence of any 
person. 

[By article XI, section 2, persons concerned in duels cannot be allowed 
to enjoy the right of suffrage.] 

Connecticut. (1818.) 

Art. YI, Sec. 1. All persons who have been or shall hereafter, pre¬ 
vious to the ratification of this constitution, be admitted freemen, accord¬ 
ing to the existing laws of this State, shall be electors. 

Art. YI, Sec. 3. The privileges of an elector shall be forfeited by a 

* This power has not been exercised by the general assembly. 

t C went to reside in a certain county on September 22, and an election was held there on 
the 21st of October following. Held , That he had not resided there 30 days, so as to entitle 
him to vote under the constitutional provision requiring a previous residence for such a 
length of time .—People v. Holden, 28 Cal., 123. 

X A man is not disqualified from voting by reason of being a soldier in the army of the 
United States, but he will not acquire the right merely by residing in the country as a sol¬ 
dier .—Orman v. Riley, 15 Cal., 48. 

The burden of proof is upon the party who contests the right of another to vote.— lb. 

Article 2, section 4, of the Constitution, declaring that no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence in the service of the United 
States, does not preclude a person from acquiring a residence in the place where, and in the 
time while, he is present in suph service. [Shafter J. dissenting.]— lb. 



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conviction of bribery, forgery, perjury, duelling, fraudulent bankruptcy, 
theft, or other offense for which an infamous punishment is inflicted. 

Amendment : Art. VIII. Adopted October , 1845. Every white male 
citizen of the United States who shall have attained the age of ‘21 
years, and who shall have resided in this State for the term of one 
year next preceding, and in the town in which he may offer himself to 
be admitted to the privileges of an elector at least six months next pre¬ 
ceding the time he may so offer himself, [see 11th amendment,] and 
shall sustain a good moral character, shall, on his taking such oath as 
may be prescribed by law, be an elector. 

Amendment : Art. XI. Adopted October , 1855. Every person shall 
oe able to read any article in the constitution, or any section of the 
statutes of this State, before being admitted as an elector. 

[By an amendment adopted in August, 1864, (Art. XIII,) electors in 
the military service of the United States, during the rebellion then 
existing, were enabled to vote while absent from the State. A law’nad 
been previously passed for this purpose.*] 

Delaware. (1831.) 

Art. IV, Sec. 1. * * * * And in such elections, 

every free white male citizen of the age of 22 years or upwards, 
having resided in the State one year next before the election, and the 
last month thereof in the county where he offers to vote, and having 
within two years next before the election paid a county tax, which shall 
have been assessed at least six months before the election, shall enjoy 
the right of an elector; and every free white male citizen of the 
age of 21, and under the age of 22 years, having resided as afore¬ 
said, shall be entitled to vote without payment of any tax: Pro¬ 
vided. , That no person in the military, naval, or marine service of the 
United States shall be considered as acquiring a residence in this State 
by being stationed in any garrison, barracks, or military or naval place 
or station within this State; and no idiot, or insane person, pauper, 
or person convicted of a crime deemed by law felony, shall enjoy the 
right of an elector; and that the legislature may impose the forfeiture 
of the right of suffrage as a punishment for crime. 

Florida. (1868.) 

Art. XIV, Sec. 1. Every male person of the age of 21 years 
and upwards, of whatever race, color, or nationality, or previous condi¬ 
tion, or who shall, at the time of offering to vote, be a citizen of the 
United States, or who shall have declared his intention to become such 
in conformity to the laws of the United States, and who shall have 
resided and had his habitation, domicile, home, and place of permanent 
abode in Florida for one year, and in the county for six months, next 
preceding the election at which he shall offer to vote, shall in such 
county be deemed a qualified 'elector at all elections under this con¬ 
stitution. Every elector shall at the time of his registration take and 
subscribe the following oath: 

I-do solemnly swear that I will support, protect and defend the Constitution and 

government of the United States, and the constitution and government of the State of 
Florida, against all enemies, foreign or domestic; that I will bear true faith, loyalty, and 
allegiance to the same, any ordinances or resolution of any State convention or legislature 
to the contrary notwithstanding : So help me God. 

* The act of December 24, 1862, which provides for taking, out of the State, the votes of 
persons in the military service of the United States, in the election of State and other officers, 
is, in respect to the election of State officers and members of the general assembly, unconsti¬ 
tutional.— Opinion of Judges, 30 Conn., 591. 



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Sec. 2. No person under guardianship, non compos mentis , or insane, 
shall be qualified to vote at any election, nor shall any person convicted 
of felony be qualified to vote at any election unless restored to civil 
rights. 

Sec. 3. At any election at which a citizen or subject of any foreign 
country shall offer to vote, under the provisions of this constitution, he 
shall present to the persons lawfully authorized to conduct and super¬ 
vise such election, a duly sealed and certified copy of his declaration of 
intention, [otherwise he shall not be allowed to vote 5 and any natu¬ 
ralized citizen offering to vote shall produce before said persons lawfully 
authorized to conduct and supervise the election his certificate of nat¬ 
uralization, or a duly sealed and certified copy thereof ; otherwise he 
shall not be permitted to vote. 

Sec. 4. The legislature shall have power and shall enact the necessary 
laws to exclude from [every office of honor, power, trust, or profit, civil 
or military, within the State, and from the right of suffrage, all persons 
convicted of bribery, perjury, larceny, or of infamous crime, or who 
shall make or become, directly or indirectly, interested in any bet or 
wager, the result of which shall depend upon any election$ or who 
shall hereafter fight a duel, or send or accept a challenge to fight, or 
who shall be a second to either party, or be the bearer of such chal¬ 
lenge or acceptance 5 but the legal disability shall not accrue until after 
trial and conviction by due form of law. 

Sec. 7. The legislature shall enact laws requiring educational quali¬ 
fications for electors after the year 1880, but no such laws shall be made 
applicable to any elector who may have registered or voted at any elec¬ 
tion previous thereto. 

[The Seminole Indians are, by Art. NVI, Sec. 7, allowed to elect one 
member of their tribe to. each house of the legislature. This special 
representation is not to be a bar to the representation of any county by 
the citizens thereof, and whenever a tax may be imposed on these In¬ 
dians, they are thenceforth to be entitled to all the privileges of citizens, 
and will be barred from special representation.] 

Georgia. (1868.) 

Art. II, Sec. 2. Every male person born in the United States, and 
every male person who has been naturalized, or who has legally declared 
his intention to become a citizen of the United States, 21 years old, or 
upward, who shall have resided in this State six months next preceding 
the election, and shall have resided 30 days in the county in which lie 
offers to vote, and shall have paid all taxes which may have been 
required of him, and which he may have had an opportunity of paying, 
agreeably to law, for the year next preceding the election, (except as 
hereinafter provided,) shall be deemed an elector; and every male citi¬ 
zen of the United States, of the age aforesaid, (except as hereinafter 
provided,) who may be a resident of the State at the time of the adop¬ 
tion of this constitution, shall be deemed an elector, and shall have all 
the rights of an elector as aforesaid: Provided, That no soldier, sailor, 
or marine in the military or naval service of the United States, shall 
acquire the rights of an elector by reason of being stationed on duty in 
this State; and no person shall vote, who, if challenged, shall refuse to 
take the following oath: 

I do swear that I have not given, or received, nor do I expect to give, or receive, any 
money, trea*, or other thing of value, by which my vote, or any vote, is affected, or expected 
to bo affected, at this election, nor have I given or promised any reward, or made any threat, 
by which to prevent any person from voting at this election. 


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Sec. 3. No person convicted of felony or larceny before ;jny court of 
this State, or of or in the United States, shall be eligible to any office or 
appointment of honor or trust within this State, unless he shall have 
been pardoned. 

Sec. 5. No person who, after the adoption of this constitution, being 
a resident of this State, shall engage in a duel in this State or else¬ 
where, or shall send or accept a challenge, or be aider or abettor to such 
duel, shall vote or hold office in this State; and every such person shall 
also be subject to such punishment as the law may prescribe. 

Sec. 6 . The general assembly may provide, from time to time, for the 
registration of all electors, but the following classes of persons shall not 
be permitted to register, vote, or hold office: 

1. Those who shall have been convicted of treason, embezzlement of 
public funds, malfeasance in office,« crime punishable by law with 
imprisonment in the penitentiary, or bribery. 

2 . Idiots or insane persons. 

Illinois* (1S47-’4S.) 

Art. VI, Sec. 1 . In all elections, every white maffi citizen above the 
age of 21 years, having resided in the State one year next preceding any 
election, shall be entitled to vote at such election; and every white male 
inhabitant of the age aforesaid, who may be a resident of the State at 
the time of the adoption of this constitution, shall have the right of 
voting as aforesaid; but no such citizen or inhabitant shall be entitled 
to vote, except in the district or county in which he shall actually reside 
at the time of such election. # 

Sec. 5. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on the business,of the United States, or 
of his State. 

Sec. 0 . No soldier, seaman, or marine, in the army or navy of the 
United States, shall be deemed a resident of this State, in consequence 
of being stationed at any military or naval place within the State. 

Sec. 8 . The general assembly shall have full power to pass laws 
excluding from the right of suffrage persons convicted of infamous 
crimes. 


Indiana. (1851.) 

Art. II, Sec. 2 . In all elections, not otherwise provided for by this 
constitution, every white male citizen of the United States, of the age of 
21 years and upwards, who shall have resided in the State during the 

* Whether the person offering to vote is an unnaturalized foreigner or a citizen, the judges 
of election have no right to investigate, under the laws of Illinois. If such person takes 
the oath prescribed by law, the duty is imperative upon the judges to receive his vote, unless 
the oath is proved to be false .—Sprauins V. Houghton , 2 Scammon, A77. 

Nor can the judges inquire whether the person offering to vote is an inhabitant and entitled 
to the right of suffrage within the meaning of the constitution. It is only where the judge 
of the election allows the exercise of the elective franchise by one whose right he suspects, or- 
whose vote is challenged, without tendering the oath prescribed by statute, that the judge 
violates his duty.— lb. 

It seems that citizenship is not a necessary qualification of a voter in Illinois.— lb. 

Each State has the undoubted right to prescribe the qualifications of its own voters. And 
it is equally clear that the act of naturalization does not confer on the individual naturalized 
the right to exercise the elective franchise. The qualification which the voter is required to 
possess in a congressional election, depends entirely on tbs laws of the State in which the 
elective franchise is exercised, and is purely dependent on the municipal regulations of 
the State.—Per Smith, J.—Ib. 



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six months immediately preceding such election ; and every white male 
of foreign birth of the age of 21 years and upwards, who shall have resided 
in the United States one year, and shall have resided in this State dur¬ 
ing the six months immediately preceding such election, and shall have 
declared his intention to become a citizen of the United States, con¬ 
formably to the laws of the United States on the subject of naturalization, 
shall be entitled to vote in the township or precinct where he may 
reside.* 

Sec. 3. No soldier, seaman, or marine, in the army or navy of the 
United States, or of their allies, shall be deemed to have acquired a resi¬ 
dence in the State in consequence of having been stationed within the 
same; nor shall any such soldier, seaman, or marine have the right 
to vote. 

Sec. 4 . No person shall be deemed to have lost his residence in the 
State by reason of his absence, either on business of this State or of the 
United States. 

Sec. 5. No negro or mulatto shall have the right of suffrage. 

Sec. 8 . The general assembly shall have power to deprive of the right 
of suffrage, and to render ineligible, any person convicted of an infamous 
crime. 


Iowa. (1857; as amended in 1868.) 

Art. II, Sec. 1. Every male citizen of the United States of the age 
of 21 years, who shall have been a resident of the State six months 
next preceding the election, and in the county in which he claims his 
.vote 60 days, shall be entitled to vote at all elections which are now or 
hereafter may be authorized by law.f 

* By section 1 of the registry law, passed May 11, 18G7, it is declared “That no person 
shall be deemed to have acquired a residence in any township, city, or ward, so as to entitle 
him to vote therein, until he shall have been a bona fide Inhabitant of such township, city, 
or ward, at least 20 days before the day^of election at which such person shall offer'to 
vote.” i 

The law above referred to was amended May 13, 1869. The following section defines the 
right of a person challenged upon offering his vote : 

“Sec. 6. Any person offering to vote may be challenged by any voter in such township, 
precinct, or ward, (as the case may he,) and if the person so challenged insists upon voting, 
and the challenge be not withdrawn, said board of election, or some member thereof, shall 
administer to him the following oath : ‘ You do swear (or affirm, as the case may be) that you 
are a citizen of the United States; that you are over 21 years of age, to the best of your 
information or belief; that you have been a bona fide resident of this State for six months 
immediately preceding this election; that you are now, and have been for 20 days last 
past, a bouafide resident of this township, precinct or ward, (as the casejnay be ;) that you 
are generally known by the name in which you now desire to vote; that you, have 
not voted nor - will not vote at any other precinct, township, or ward (as the case maybe) 
in this election.’ And in case of person of foreign birth, the oath relative r to citizenship shall 
be dispensed with, and the following words used in lieu thereof: ‘ That you^have resided 
in the United States one year, and have declared your intention to become a citizen thereof, 
in conformity with the laws thereof.’ And in addition to such oath of such person propos¬ 
ing to vote, the following oath or affirmation of some freeholder who is a resident and voter 
of such township, precinct, or ward, (as the case may be,) in which the challenged person 
asks to vote, shall be required: ‘ You do swear, or affirm, (as the case may be,) that you 
are a freeholder, owning real estate in your own right, held by deed in your own name, and 

that the said real estate is situated in this election precinct; and that-, who 

now desires to vote, has resided in this State for six months immediately preceding this elec¬ 
tion, and has been a bona fide resident of this precinct for 29 days last past;’ which 
oath shall be written or printed, and shall be signed by the person making such oath in the 
presence of such board o‘f elections, which oath shall be administered by some member 
thereof, who shall affix his jurat thereto; which affidavits shall be attached to, and be re¬ 
turned with, the poll lists, to the office of the county clerk.” 

t Remaining in a township, with the intention of returning upon the accomplishment of 
some temporary purpose, is not sufficient to give a residence within the meaning of the elec- 




11 


Sec. 4. No person in tlie military, naval, or marine service of the 
United States shall he considered a resident of this State by being’ 
stationed in any garrison, barrack, or military or naval place or station 
within this State. 

Sec. 5. No idiot or insane person, or persons convicted of any infamous 
crime, shall be entitled to the privilege of an elector. 

Kansas. (1859; as amended in 1864 and 1867.) 

Art. Y, Sec 1. Every white male person of 21 years and upwards, 
belonging to either of the following classes, who shall have resided 
in Kansas six months next preceding any election, and in the town¬ 
ship or ward in which he offers to vote at least 30 days next preced¬ 
ing such election, shall be deemed a qualified elector :* * 

1 . Citizens of the United States. 

2 . Persons of foreign birth who shall have declared their intention 
to become citizens, conformably to the laws of the United States on the 
subject of naturalization. 

Sec. 2 . No person under guardianship, non compos mentis , or insane; 
no person convicted of felony, unless restored to civil Tights; no person 
who has been dishonorably discharged from the service of the United 
States, unless reinstated ; no person guilty of defrauding the govern¬ 
ment of the United States, or any of the States thereof; no person 
guilty of giving or receiving a bribe, or offering to give or receive a bribe; 
and no person who has ever voluntarily borne arms against the govern¬ 
ment of the United States, or in any manner voluntarily aided or abet¬ 
ted in the attempted overthrow of said government, except all persons- 
who have been honorably discharged from the military service of the 
United States since the first day of April, A. D. 1861, provided that 
they have served one year or more therein, shall be qualified to vote or 
hold office in this State, until such disability shall be removed by a law 
passed by a vote of two-thirds of all the members of both branches of 
the legislature. 

Sec. 3. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service of the United States, nor while engaged in the 
navigation of the waters of this State or of the United States, or of the 
high seas, nor while at any almshouse or other asylum at public expense, 
nor while confined in any public prison ; and the legislature may make 
provision for taking the votes of electors who may be absent from their 
townships or wards, in the volunteer military service of the United 
States, or the militia service of this State; but nothing herein con¬ 
tained shall be deemed to allow any soldier, seaman, or marine, in the 
regular army or navy of the United States, the right to vote. 


tion laws of Iowa; there must be a bona fide, intention to make it a residence .—State v. Min- 
nich, 15 Iowa, (7 With.,) 123. 

The constitution of the State of Iowa, as applied to the legislative department, is a limita¬ 
tion, and not a grant of power ; and the legislature may provide who shall have the right o£ 
suffrage, and the time, place, and manner of exercising it, when not expressly or impliedly 
prohibited by the terms of the constitution .—Morrison V. Springer , 15 Iowa, (7 With.,) 304. 

The act of September 11, 1862, authorizing legal voters in the military service to vote 
without the State limits is constitutional.— lb. 

* The district court has decided that a person more than half white shall be deemed 
“white,” within the meaning of this section, and be allowed to vote. This question has 
never been carried to the supreme court, but the above construction has generally been ac¬ 
quiesced in, and the class of persons referred to vote without hinderance. 



12 

Kentucky. (1850.) 

Art. II, Sec. 8. Every free white male citizen ,* of the age of 21 
years, who has resided in the State two years, or in the county, town, 
or city in which he offers to vote, one year next preceding the election, 
shall be a voter; but such voter shall have been, for 60 days next preced¬ 
ing the election, a resident of the precinct in which he offers to vote, and 
he shall vote in said precinct and not elsewhere, t 

Art. VIII, Sec. 4. Laws shall be made to exclude from office, and 
from suffrage, those who shall thereafter be convicted of bribery, perjury, 
forgery, or other crimes or high misdemeanors. 

Sec. 12. Absence on the business of this State, or the United States, 
shall not forfeit a residence once obtained, so as to deprive any one of 
the right of suffrage, or of being elected or appointed to any office under 
this Commonwealth, under the exception contained in this constitution. 

Louisiana. (1808.) 

Title II, Art. 25. At its first session under this constitution, the 
general assembly shall provide by law that the names and residence of 
all qualified electors shall be registered, in order to entitle them to vote; 
but the registry shall be free of cost to the elector. 

Art. 26. No person shall be entitled to vote at any election held in 
this State, except in the parish of his residence, and at the election pre¬ 
cinct in which he is registered: Provided , That no voter, in removing from 
one parish to another, shall lose the right in the former, until lie has 
acquired it in the latter. 

Title YI, Art. 98. Every male person, of the age of 21 years or 
upwards, born or naturalized in the United States, and subject to the 
jurisdiction thereof, and a resident of this State one year next preceding 
an election, and the last 10 days within the parish in which he offers to 
vote, shall be deemed an elector, except those disfranchised by this con¬ 
stitution, and persons under interdiction. 

Art. 99. The following persons shall be prohibited from voting and * 
holding any office : All persons who shall have been convicted of treason, 
perjury, forgery, bribery, or other crime punishable in the penitentiary, 
and persons under interdiction. All persons who are estopped from 
claiming the right of suffrage, by abjuring their allegiance to the United 
States government, or by notoriously levying war against it, or adhering 
to its enemies, giving them aid or comfort, but who have not expatriated 
themselves, nor have been convicted of any of the crimes mentioned in 
the first paragraph of this article, are hereby restored to the said right, 
except the following: Those who held office, civil or military, for one 
year or more, under the organization styled u the Confederate States of 
America f those who registered themselves as enemies of the United 
States j those who acted as leaders of guerilla bands during the late 
rebellion $ those who, in the advocacy of treason, wrote or published 
newspaper articles or preached sermons during the late rebellion ; and 
those who voted for and signed an ordinance of secession in any State. 


* Foreigners who have resided in the State and precinct the prescribed time, are entitled 
to vote immediately upon being naturalized .—Morgan v. Dudley , 18 B, Mon., (Ky.,) 693. 

t Foreigners who have resided in the State, county, and precinct the length of time re¬ 
quired by the constitution, are entitled to vote immediately upon being naturalized. It does 
not require a residence after the alien becomes a citizen, or after he attains the age of 21, but 
only a previous residence next preceding the election, either before or after he acquires citi¬ 
zenship, or attains his majority. — M organ v. Dudhy , 18 B, Mon., 724. 




13 


No person included in these exceptions shall either vote or hold office 
until he shall have relieved himself by voluntarily writing and signing 
a certificate setting forth that he acknowledges the late rebellion to have 
been morally and politically wrong, and that he regrets any aid and 
comfort he may have given it 5 and he shall file the certificate in the 
office of the secretary of state, and it shall be published in the official 
journal: Provided , That no person who, prior to the first of January, 
1868, favored the execution of the laws of the United States popularly 
known as the reconstruction acts of Congress,* and openly and actively 
assisted the loyal men of the State in their efforts to restore Louisiana 
to her,position in the Union, shall be held to be included among those 
herein excepted. Registrars of voters shall take the oath of any such 
person as prima facie evidence of the fact that he is entitled to the benefit 
of this proviso. 

Art. 131. No soldier, sailor, or marine, in the military or naval service 
of the United States, shall hereafter acquire a residence in this State by 
reason of being stationed or doing duty in the same. 

Maine. (1820.) 

Art. It, Sec. 1. Every male citizen of the United States, of the age 
of 21 years and upwards, excepting paupers,! persons under guardian¬ 
ship, and Indians not taxed, having his residence established in this 
State for the term of three months next preceding any election, shall be 
an elector for governor, senators, and representatives, in the town or 
plantation where his residence is so established,j: and the elections shall 
be by written ballot.§ But persons in the military, naval, or marine 
service of the United States, or this State, shall not be considered as 
having obtained such established residence by being stationed in any 
garrison, barrack, or military place, in any town or plantation; nor shall 
the residence of a student at any seminary of learning entitle him to the 
right of suffrage in the town or plantation where such seminary is estab¬ 
lished. 

Maryland. (1867.) 

Art. 1, Sec. 1. All elections shall be by ballot ; and every white male 
citizen of the United States, of the age of 21 years, or upwards, who 
has been a resident of the State for one year, and of the legislative dis¬ 
trict of Baltimore city, or of the comity in which he may offer to vote, 
for six months next preceding the election, shall be entitled to vote in 
the ward or election district in which he resides, at all elections here¬ 
after to be held in this State; and in case any county or city shall be so 
divided as to form portions of different electoral districts for the elec¬ 
tion of representatives in Congress, senators, delegates, or other o fficers, 

* See note to Alabama. 

t Persons who have received assistance from any town as paupers, or been disposed of in 
service as such by the overseers of the poor, may still vote for State officeis, if otheiwise*> 
qualified, provided they have not been paupers within three months next preceding the day 
of election.— Opinion of Justices, 7 Greenleaf, App., 497. 

+ To qualify a citizen to be an elector of State officers, he must have resided the three pre¬ 
ceding months not only in-the State, but in the town or plantation where he claims to vote.— 
Opinion of Justices, 7 Greenleaf, App., 492. ... . 

A person who supports his family in one town, and resides to transact business in another 
town, can vote for State officers only in the town where his family have residedYor the three 
months next preceding the election.— Opinion of Judges, 7 Greenleaf, App., 497. 

$ Printed ballots are within the meaning of this clause.— Opinion of Judges, 7 Greenleaf, 
App., 492. 





14 


then to entitle a person to vote for such officer, he must have been a 
resident of that part of the county or city which shall form a part of 
the electoral district in which he offers to vote, for six months next pre¬ 
ceding the election; but a person who shall have acquired a residence 
in such county or city entitling him to vote at any such election, shall 
be entitled to vote in the election district from which he removed, until 
he shall have acquired a residence in the part of the county or city to 
which he has removed. 

Sec. 2. No person above the age of 21 years, convicted of larceny or 
other infamous crime, unless pardoned by the governor, shall ever there¬ 
after be entitled to vote at any election in this State; and no person 
under guardianship as a lunatic, or as a person non compos mentis , shall 
be entitled to vote. 

Sec. 3. If any person shall give, or offer to give, directly or indirectly, 
any bribe, present, or reward, or any promise, or any security for the pay¬ 
ment or the delivery of money, or any other thing, to induce any voter 
to refrain from casting his vote, or to prevent him in any way from vot¬ 
ing, or to procure a vote for any candidate or person proposed or voted for 
as elector of President and Yice-President of the United States, or repre¬ 
sentative in Congress, or for any office of profit or trust, created by the 
constitution or laws of this State, or by the ordinances, or authority of the 
mayor and city council of Baltimore, the person giving, or offering to 
give, and the person receiving the same, and any person who gives or 
causes to be given an illegal vote, knowing it to be such, at any election 
to be hereafter held in this State, shall, on conviction in a court of law, 
in addition to the penalties now or hereafter to be imposed by law, be 
forever disqualified to hold any office of profit or trust, or to vote at any 
election thereafter. 


Massachusetts.* 

Amendment. (1821.)— Art. III. Every male citizen of 21 years of age 
and upwards, (excepting paupers and persons under guardianship,) 

* Persons who have the requisite qualifications as to age and^residence, but who have been 
for two entire years exempted from taxation by town assessors, not being exempted by law 
from taxation, are not entitled to vote for governor, lieutenant governor, senators, and repre¬ 
sentatives, under the third article of amendment to the constitution.— Opinion of the Justices 
11 Pickering, 538. 

Persons who have the requisite qualification as to residence in Massachusetts, but who 
have been exempted from taxation on account of their poverty, for two successive years before 
their arrival at the age of 70 years, are not entitled to vote as above.— Opinion of Justices 
5 Metcalf, 591. * J 

[The law of this State formerly imposed a poll-tax upon every male inhabitant between 
the ages of 16 and 70 years, whether a citizen of the United States or an alien, excepting 
those who, by reason of age, infirmity, and poverty, might, in the judgment of the assessors, 
be unable to contribute towards the public charges. The limitation of ages was, in 1843, 
fixed at from 20 to 70 years, and by further amendment of 1844 a poll-tax was imposed on 
every male over 70, excepting paupers and persons under guardianship, whether a citizen of 
the United States or an alien.] 

Eatable polls of aliens may constitutionally be included in estimating the number of rata¬ 
ble polls, to determine the number of representatives any town may be entitled to elect._ 

Opinion of the Justices of the S. J. C., 7 Mass., 523. 

Payment of a State or county tax within two years next preceding the election of gov¬ 
ernor, &c., by one who is.in other respects a qualified voter, entitles him to vote at such elec¬ 
tion, although such tax was illegally assessed upon him.— Humphrey v. Kingman , 5 Met., 162. 

Though a tax which is assessed upon one person is paid for him by another, without his 
previous authority, yet, if he rocognizes the act, and repays or promises to repay the amount, 
on the ground that such person acted as his agent, he thereby acquires the same right to vote 
as if he had paid the tax with his own hand.— lb. 

Persons who reside on lands purchased by or ceded to the United States, for navy yards, 
forts, and arsenals, and where there is no other reservation of jurisdiction to the State than 
that of a right to serve civil and criminal process on such lands, do n<Jt, by residing on such 



15 


wlio shall have resided within the Commonwealth one year, and 
within the town or district in which he may claim a right to vote, 
six calendar months next preceding any election of governor, lieutenant 
governor, senators, or representatives, and who shall have paid, by 
himself or liis parent, master, or guardian, any State or county tax, 
which shall, within two years next preceding such election, have been 

lands, acquire any elective franchise as inhabitants of such towns.— Opinion of the Justices, 

1 Metcalf, 580. Commomccalthv. Clary, 8 Mass., 77. See Mitchell v. Tibbetts, 17 Pick., 298. 

The inhabitants of a territory owned by the United States, and lying within this Common¬ 
wealth, have no jurisdiction, cannot exercise any civil or political privileges under the laws 
of the Commonwealth, because they are not interested in any elections made within the State, 
nor held to pay any taxes imposed by its authority, nor bound by any of its laws.— Com¬ 
monwealth v. Clary , 8 Mass., 72. 

In an action against the selectmen of a town for refusing to put the plaintiffs name upon 
the list of voters and rejecting his vote, the plaintiff may prove his own statements relating 
to his residence, made to the selectmen before offering his vote, not under oath, for the pur¬ 
pose of furnishing to them evidence of his having the legal qualifications of a voter ; and he 
may testify to his own intention in leaving the town for a prolonged absence previously to 
the time of acts complained of.— Lombard v. Oliver, 7 Allen, (Mass ,) 155. 

It is a requisite qualification for an elector of a representative in Congress, that he shall 
have resided or had his home in the town where he votes, for the space of one year next pre¬ 
ceding the election.— Williams v, Whiting, 11 Mass., 423. 

A person having a right to vote for State officers in any town, even where a year’s resi¬ 
dence is necessary to qualify him as such voter, does not lose that right by a temporary 
absence, although during his absence he may have voted in another town.— Lincoln v. Hap- 
good, 11 Mass., 350. 

Domicile .—The following decisions have been made in this State reltive to the domicile : 

1. Every person must have a domicile somewhere. — Abingdon v. North Bridgewater, 23 
Pick., 170, (1840.) 

2. A person can have only one domicile, for one purpose, at one and the same time.— lb. 

3. Where the boundary line between the town of R. and N. 13. passed through a dwelling- 
house, so that the portion of the house which was in N. B. was sufficient in itself to consti¬ 
tute a habitation, while the portion in R. was not sufficient for that purpose, t was held that 
a person, by occupying such house, acquired a domicile in N. B.— lb. 

4. It seems that if, in such case, the line had divided the house more equally, the fact 
that the occupant had habitually slept in that part which was in N. B. would be a prepon¬ 
derating circumstance to show that he was domiciled in that town, and, in the absence of 
other evidence, would be decisive of the question.— lb. 

5. Where a dwelling-house is so divided by the boundary line between the two towns as 
' to leave that portion of the house in which the occupant mainly and substantially performs 

those offices which constitute his home, (such as sleeping, sitting, eating, and receiving vis¬ 
itors,) in one town, he is a citizen of that town, and has no right to elect to reside and be 
taxed for his personal property in the other town.— Cheneryy. Waltham , 8 Cush., 327, (1851.) 

0. Whether a person removing from one town to another intends to change his residence 
is a question of fact and not of law.— Fitchburg v. Winchendon, 4 Cush., 190, (1849.) 

7. A domicile being once fixed, will continue, notwithstanding the absence of the party, 
till a new domicile is acquired.— Jennison v. Hapgood, 10 Pick., 77, (1827.) 

8. The intention to abandon a domicile, and actual residence to another place, if not ac¬ 
companied with the intention of remaining there permanently, or at least for an indefinite 
time, -will not produce a change of domicile.— lb. 

9. It is difficult to give an exact definition of habitancy. In general terms, one may be 
designated as an inhabitant of that place which constitutes the principal seat of his. resi¬ 
dence, of his business pursuits, connections, attachments, and of his political and municipal 
relations. It is manifest, therefore, that it embraces the fact ot residence at a place, with 
the intent to regard it and make it one’s home. The act and intent must concur, and the in¬ 
tent may be inferred from the declarations and conduct. In a case ot much doubt the mere 
declaration of the party, made in good faith, of his election to make one place, rather than 
another, his home, may be sufficient to turn the scale. But the question is one ot fact toi w 
the jury to determine from all the circumstances ot the case.— Shaw, C. J., in Lyman v. 
Fiske, 17 Pick., 234, (1835.) 

10. If an inhabitant of a town removes to another town in this Commonwealth, not intend¬ 
ing to remain there permanently, but with the intention of not returning to his former home, 
and does not so return, he loses his domicile in the former town. Mead v. Boxborough, 11 

Cush., 362, (1853.) . 

11. The fact that such person was taxed i.n the town to which he has removed is not com- 



16 


assessed upon him, in any town or district of this Commonwealth; and 
also every citizen who shall he by law exempted from taxation, and who 
shall be in all other respects qualified as above mentioned, shall have 
a right to vote in such election of governor, lieutenant governor, sen¬ 
ators and representatives; and no other person shall be entitled to vote 
in such elections. 

Amendment. (1857.)—Art. XX. Xo person shall have the right 

petent evidence to show that he did not continue to be taxable in the town of his former res 
idence.— lb. 

12. A citizen of this Commonwealth removing 1 with his family to another State, and retain¬ 
ing no dwelling-place in this Commonwealth, though retaining his place of business here, 
and intending to retain his domicile here, and to return at some future indefinite period of 
time, has no domicile in this Commonwealth.— Holmes v. Greene , 7 Gray, 299, (1656.) 

13. A student of a college does not change his domicil by his occasional residence at the 
college.— Granby v. Amherst , 7 Mass., 1, (1810.) 

14. A seafaring man having lands occupied by himself, his servants, or hired people, 
although frequently absent on long voyages, has always been considered as having his resi¬ 
dence on his lands, and as not losing his domicile by following his profession.— Parsons, C. 
J.— lb. See also Arlington v. Boston, 4 Mass., 312. 

15. The domicile of a person non compos mentis and under guardianship may be changed 
by the direction and with the consent of the guardian, express or implied.— Holyoke v. Has¬ 
kins , 5 Pick., 20, (1827.) 

16. Evidence that the selectmen of a town decided that a person taxed there was an inhabi¬ 
tant, and put his name on the voting list, is not admissible for the purpose of showing that 
his domicile was in that town, without showing that they did it at his request.— Fisk v. Ches¬ 
ter, 8 Gray, 506, (1857.) 

17. In an action to try the question whether the plaintiff, who had left the country with 
his family, was liable afterwards to be taxed as an inhabitant of the place of his former resi¬ 
dence, a letter from him to his agent in that place, expressing his intention to remain abroad 
permanently, is admissible in evidence, if written before he knew that a tax had been assessed 
upon him, though written after the assessment. Otherwise it seems, as to such letters writ¬ 
ten after he knew that he was taxed.— Thorndike v. Boston, 1 Met., 242, (1840.) 

18. A citizen, having lived many years at W., purchased and furnished a house in B., and 
afterwards with his family continued to spend his summers at his house in W., where he con¬ 
tinued to pay his taxes, and spent his winters at his house in B. It was held that he was 
an inhabitant of W.— Harvard College v. Gore, 5 Pick., 369, (1827.) 

19. A person having a family domiciled in a town was occasionally absent in another 

town, engaged in his duties as clerk of courts and making arrangements for the removal of 
his family, and subsequently removed his family to such other town. It was held that his 
domicil did not change until the removal of his familv.— Williams v. Whiting, 11 Mass., 424, 
(1814.) ” 

20. The mere fact that a student who has a domicile in one town resides at a public institution 
in another town for the sole purpose of obtaining an education, and that he has his means of 
support from another place, do not constitute a test of his right to vote, and his liability to 
be taxed in the latter town; he obtains this right, and incurs this liability, ouly by a change 
of domicile, and the question whether he has changed his domicile is to be decided by all the 
circumstances of the case. — Opinion of Justices, 5 Metcalf, 587. 

21. A residence at college, or any other institution, for the purpose of instruction, for a suffi¬ 
cient length of time, will give a right of voting in the town where such institution exists, if 
the student .have no other fixed place of residence, notwithstanding it may be his expecta¬ 
tion to change such residence.— Putnam v. Jolipson, 10 Mass., 488. 

22. A student in the theological institution at Andover, being of age, and making that 
town his home, and having no residence elsewhere, is entitled to vote in that town. — Put¬ 
nam v. Johnson, 10 Mass., 488, (1813.) 

By an act approved March 6, 1865, it was provided, that whenever any person should 
make application to be assessed a poll-tax* for the then current year, and it should appear 
that such applicant was on the first day of May preceding a resident of the city or town 
and liable to pay a poll-tax therein, but was not assessed therefor, and that such applicant 
had been, during any portion of the two preceding years, engaged in the military or naval 
service of the United States, it was made the duty of assessors to assess such tax, and notify 
the treasurer of the city or town of the same. The person thus assessed was upon payment 
of said tax entitled to vote, the same as if his taxes had been assessed and paid in the man¬ 
ner heretofore provided by law. 

Chapter 145 of the laws of 1861 thus defines the qualifications of voters for Representa¬ 
tives in Congress : 

“In any election of representatives to Congress in this Commonwealth, no person shall 
be allowed to vote for the same until he shall have resided in the congressional district 
where he offers to vote six months next preceding such election, and shall be otherwise 
qualified according to the constitution and laws of this State: Provided , that when the 



17 


to vote, or be eligible to office under the constitution of this Com¬ 
monwealth, who shall not be able to read the constitution in the English 
language, and write his name: Provided , however , That the provisions 
of this amendment shall not apply to any person prevented by a physi¬ 
cal disability from complying with its requisitions, nor to any person 
who now has the right to vote, nor to any person who shall be GO years 
of age or upwards at the time this amendment shall take effect. 

Michigan. (1850.) 

Aht. VII, Sec. 1. In all elections, every white male citizen,* * every 
white male inhabitant, residing in the State on the 24th day of June, 
1835 j every white male inhabitant residing in this State on the first 
day of January, 1850, who has declared his intention to become a citizen 
of the United States, pursuant to the laws thereof, six months pre¬ 
ceding an election, or who has resided in this State two years and six 
months, and declared his intention as aforesaid; and every civilized 
male inhabitant of Indian descent, a native of the United States and 
not a member of any tribe, shall be an elector and entitled to vote 5 but 
no citizen or inhabitant shall be an elector, or entitled to vote at any 
election, unless he shall be above the age of 21 years, and lias resided 
in this State three months, and in the township or ward in which he 
offers to vote, 10 days next preceding such election: [ Provided , That in 
time of war, insurrection, or rebellion, no qualified elector, in the actual 
military service of the United Stares, or of this State, in the army or 
navy thereof, shall be deprived of his vote by reason of his absence from 
the township, ward, or State in which he resides; and the legislature 
shall have power, and shall provide the manner in which such absent 
electors may vote, and for the canvass and return of their votes to the 
township or ward election district, in which they respectively reside, 
or otherwise.— Amendment of 1865-66.] 

Sec. 5. No elector shall be deemed to have gained or lost a residence 
by reason of his being employed in the service of the United States, or 
of this State; nor while engaged in the navigation of the waters of this 
State, or of the United States, or of the high seas; nor while a student 
of any seminary of learning$ nor while kept at any almshouse or other 
asylum at public expense ; nor while confined in any public prison. 

Sec. No soldier, seaman, or marine, in the army or navy of the 
United States, shall be deemed a resident of this State in consequence 
of being stationed in any military or naval place within the same. 

Sec. 8. Any inhabitant who may hereafter be engaged in a duel, either 
as principal or accessory before the fact, shall be disqualified from hold¬ 
ing any office under the constitution and laws of this State, and shall 
not be permitted to vote at any election. 

Minnesota. (1857-’58. as amended in 1868.) 

Aet. I, Sec. 17. * * * No religious test or amount of property 
shall ever be required as a qualification of any voter at any election in 
this State. * * * * 

State shall be districted anew for members of Congress, he shall have the right so to vote in 
the district where he is located by such new arrangement; and provided also, that no voter 
residing in any city which now is, or hereafter may be divided by the line between con¬ 
gressional districts, shall be deprived of his vote in the district in which he was assessed, or 
liable to assessment, on the first day of May next preceding such congressional election, if 
he be otherwise qualified.” 

* Whether a person offering to vote at an election in Michigan has the requisite qualifica¬ 
tions as to color and descent, (the constitution conferringthe right to vote upon “white male 
citizens” only,) must, on challenge for the want of such qualification, be inquired into and 
determined by the inspectors of election. — Gordon V. Farrar, 2 Douglass, 411. 

2 



18 


Art. YII, Sec. 1. Every male person of the age of 21 or upwards, be¬ 
longing to either of the following classes, who shall have resided in 
the United States one year, and in this State four months next preced¬ 
ing any election, shall be entitled to vote at such election, in the election 
district of which he shall at the time have been for 10 days a resident, 
for all officers that now are, or hereafter may be, elected by the people: 

1 . Citizens of the United States. 

2 . Persons of foreign birth, who shall have declared their intention to 

become citizens, conformably to the laws of the United States upon the 
subject of naturalization. ^ 

3. Persons of mixed white and Indian blood who have adopted the 
customs and habits of civilization. 

4. Persons of Indian blood residing in this State, who have adopted 
the language, customs, and habits of civilization, after an examination 
before any district court of the State, in such manner as may be pro¬ 
vided by law, and shall have been pronounced by said court capable of 
enjoying the rights of citizenship within the State. 

Sec. 2. No person not belonging to one of the classes specified in the 
preceding section; no person who has been convicted of treason or any 
felony, unless restored to civil rights, and no person under guardianship, 
or who may be non compos mentis or insane, shall be entitled or permit¬ 
ted to vote at any election in this State. 

Sec. 3. For the purpose of voting, no person shall be deemed to have 
lost a residence by reason of his absence while employed in the service 
of the United States; nor while engaged upon the waters of this State, 
or of the United States; nor while a student of any seminary of learn¬ 
ing; nor while kept in any almshouse or asylum; nor while confined in 
any public prison. L4 

Sec. 4. No soldier, seaman, or marine, in the army or navy of the 
United States, shall be deemed a resident of this State in consequence 
of being stationed within the same. 

Art; XY, Sec. 2. Persons residing on Indian lands within the State 
shall enjoy all the rights and privileges of citizens as though they lived 
in any other portion of the State, and shall be subject to taxation. 

Missouri. (1865.) 

Art. II, Sec. 3. At any election held by the people under this consti¬ 
tution, or in pursuance of any law of this State, or under any ordinance 
or by-law of any municipal corporation, no person shall be deemed a 
qualified voter, who has ever been in armed hostility to the United 
States, or to the lawful authorities thereof, or to the government of this 
State; or has ever given aid, comfort, countenance, or support to per¬ 
sons engaged in any such hostility; or has ever, in any manner, adhered 
to the enemies, foreign or domestic, of the United States, either by con¬ 
tributing to them or by unlawfully sending within their lines, money, 
goods, letters, or information; or has ever disloyally held communication 
with such enemies; or has ever advised or aided any person to enter 
the service of such enemies; or has ever, by act or word, manifested his 
adherence to the cause of such enemies, or his desire for their triumph 
over the arms of the United States, or his sympathy with those engaged 
in excitiug or carrying on rebellion against the United States; or has 
ever, except under overpowering compulsion, submitted to the authority 
or been in the service of the so-called “Confederate States of America;” 
or has ever left this State, and gone within the lines of the armies of the 
so-called “Confederate States of America,” with the purpose of adher- 


19 


ing to said States or armies 5 or lias ever been a member of, or connected 
with, any order, society, or organization inimical to the government of 
the United States, or to the government of this State; or lias ever been 
engaged in guerrilla warfare against loyal inhabitants of the United 
States, or in that description of marauding commonly known as u bush¬ 
whacking f or has ever knowingly and willingly harbored, aided, or coun¬ 
tenanced any person so engaged: or has ever come into or left this State, 
for the purpose of avoiding enrollment for or draft into the military ser¬ 
vice of the United States; or has ever, with a view to avoid enrollment 
in the militia of this State, or to escape the performance of duty therein, 
or for any other purpose, enrolled himself, or authorized himself to be 
enrolled, by or before any officer as disloyal, or as a southern sympathizer, 
or in any other terms indicating his disaffection to the government of the 
United States in its contest with rebellion, or his sympathy with those 
engaged in such rebellion; or, having ever voted at any election by the 
people of this State, o’r in any other of the United States, or in any other 
of their Territories, or held office in this State, or in any other of the United 
States, or in any of their Territories, or under the United States, shall 
thereafter have sought or received, under claim of alienage, the protec¬ 
tion of any foreign government, through any consul or other officer 
thereof, in order to secure exemption from military duty in the militia 
of this State, or in the army of the United States; nor shall any such 
person be capable of holding in this State any office of honor, trust, or 
profit under its authority; or of being an officer, councilman, director, 
trustee, or other manager of any corporation, public or private, now 
existing or hereafter established by its authority; or of acting as a pro¬ 
fessor or teacher in any educational institution, or in any common or 
other school; or of holding any real estate or other property in trust for 
the use of any church, religious society, or congregation. But the fore¬ 
going provisions in relation to acts done against the United States shall 
not apply to any person not a citizen thereof, who shall have committed 
such acts while in the service of some foreign country at war with the 
United States, and who has, since such acts, been naturalized, or may 
hereafter be naturalized, under the laws of the United States; and the 
oath of loyalty hereinafter prescribed, when taken by any such person, 
shall be considered as taken in such sense. 

Sec. 4. [Requires a registration of voters at least ten days before the 
day of election. Until a system of registration is established, every per¬ 
son offering to vote is required to take an oath and declaration of past 
and present loyalty, and of allegiance to the government of the United 
States and the State of Missouri.] 

Sec. 15. Whoever shall be convicted of having, directly or indirectly, 
given or offered any bribe, to procure his election or appointment to any 
office, shall be disqualified for any office of honor, trust, or profit under 
this State; and whoever shall give or offer any bribe to procure the elec¬ 
tion or appointment of any other person to any office, shall, on conviction 
thereof, be disqualified for a voter, or any office of honor, trust, or profit 
under this State for ten years after such conviction. 

Sec. 16. No officer, soldier, or marine, in the regular army or navy of 
the United States, shall be entitled to vote at any election in this State. 

Sec. 17. No person who shall make, or become directly or indirectly 
interested in, any bet or wager depending upon the result of any elec¬ 
tion, shall vote at such election. 

Sec. 18. Every white male citizen of the United States, and every 
white male person of foreign birth who may have declared his intention 
to become a citizen of the United States, according to law, not less than 
one year nor more than five years before he offers to vote, who is over 


20 


the age of 21 years, who is not disqualified by or under any of 
the provisions of this constitution, and who shall have complied with its 
requirements, and have resided in this State one year next preceding 
any election, or next preceding his registration as a voter, and during 
the last 60 days of that period shall have resided in the county, city, or 
town where he offers to vote, or seeks registration as a voter, shall be 
entitled to vote at such election, for all officers, State, county, or munici¬ 
pal, made elective by the people; but he shall not vote elsewhere than 
in the election district in which he is at the time a resident, or after a 
system of registration of voters shall have been established in the elec- > 
tion district where his name is registered, except as provided in the 
21 st section of this article. 

Sec. 19. After the first day of January, 1876, every person who was 
not a qualified voter prior to that time shall, in addition to the other 
qualifications required, be able to read and write in order to become a 
qualified voter, unless liis inability to read or write shall be the result of 
physical disability. 

Sec. 20. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service of the United States, nor while engaged.in the 
navigation of the waters of this State, or of the United States, or of the 
high seas, nor while a student in any seminary of learning, nor while 
kept at any poor-house or other asylum at public expense, nor while 
confined in any public prison. 

[Sec. 21. Allows voters who are absent as volunteers in the army of 
the United States, or the militia of the State, to vote during their absence 
without registration.] 

[Sec. 23. Allows persons disqualified under the third section to remove ^ 
such disability by entering the military service of the United States.] 

[Sec. 25. After January 1st, 1871, the general assembly shall have 
power to suspend or repeal any part of the 3d, 5th and 6th sections, 
so far as they may relate to the qualifications of voters, but no further. 

After the 1st day of January, 1875, it may wholly suspend or repeal the 
3d, 4th, 5tli, 6th, 8th, 9th, 10th, 11th, and 12th sections.]* 

Sec. 26. The general assembly shall provide for the exclusion from 
every office of honor, trust, or profit within this State, and from the 
right of suffrage, of any person convicted of bribery, perjury, or other 
infamous crime. 


Nebraska. (1867.) 

Art II, Sec. 2. Every male person of the age- of 21 years, or up¬ 
wards, belonging to either of the following classes, who shall have 
resided in the State, county, precinct, and ward, for the time provided 
by law, shall be an elector: 

1 . Citizens of the United States. 

2 . Persons of foreign birth who shall have declared their intention 
to become citizens conformably to the laws of the United States on the 
subject of naturalization, f 

* It was decided in the case of Blair v. Ridgely and TJiompson, that the oath prescribed in 
Article II, sections 2 and 6, of the constitution, as one of the qualifications for voting, does 
not violate any of the provisions of the Constitution of the United States. Missouri Reports, 
xli, 63. 

t The constitution of this State, as adopted by the convention, restricted the privilege of 
voting to “whites.” But Congress in an act for admitting the State into the Union, passed 
February 9, 1«67, declared as a condition precedent, that there should be no denial of the 
elective franchise, or of any other right, to any person, by reason of race or color, excepting 
Indians not taxed. This condition was accepted by the Territorial legislature, in an act 
declaring its assent to the conditions of the act of Congress above cited. 



21 

Nevada. (1864.) 

Art. II, Sec. 1. Every white male citizen of the United States not 
laboring under the disabilities named in this constitution, of the age of 
21 years and upwards, who shall have actually and not constructively 
resided in the State six months, and in the district or county 30 days 
next preceding any election, shall be entitled to vote for all officers that 
now are or hereafter may be elected by the people, and upon all ques¬ 
tions submitted to the electors at such election: Provided , That no per- 
( son who has been or may be convicted of treason or felony in any State 
or Territory of the United States, uidess restored to civil rights; and no 
person who, after arriving at the age of 18 years, shall have volun¬ 
tarily borne arms against the United States, or held civil or military 
office under the so-called u Confederate States,” or either of them, unless 
an amnesty be granted to such by the federal government, and no idiot 
or insane person, shall be entitled to the privileges of an elector. 

Sec. 2. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service of the United States, nor while engaged in the 
navigation of the waters of the United States, or of the high seas; nor 
while a student of any seminary of learning; nor while kept at any alms¬ 
house or other asylum at public expense; nor while confined in any pub¬ 
lic prison. 

Sec. 3. The right of suffrage shall be enjoyed by all persons otherwise 
entitled to the same, who may be in the military or naval service of the 
United States: Provided , The votes so cast shall be made to apply to 
the county and township of which said voters were bona fide residents 
v at the time of their enlistment: Provided farther , That the payment of 
a poll-tax, or a registration of such voters, shall not be required as a 
condition to the right of voting. 

Sec. 7. The legislature shall provide by law for the payment of an 
annual poll-tax of not less than two nor more than ten dollars from each 
male person resident in the State between the age of 21 and 65 
years, uncivilized American Indians excepted, one-half to be applied 
for State and one-half for county purposes; and the legislature may, 
in its discretion, make such payment a condition to the right of vot¬ 
ing. 

[Art. XY, Sec. 3, excludes persons concerned in duels from the right 
of voting or holding office.] 

New Hampshire. (1792.) 

Part II, Sec. 28. * * * Every male inhabitant of each town and 

k parish with town privileges, and places unincorporated in this State, of 
21 years of age and upwards, excepting paupers and persons excused 
from paying taxes at their own request,* shall have a right, at the annual 
or other meeting of the inhabitants of said towns and parishes, to be 
duly warned and holden annually forever in the month of March to vote _ 
in the town or parish wherein he dwells, for the senator in the district 
whereof he is a member, f 

* If the abatement of taxes by the selectmen, at the request of the person against 
whom they are assessed, is to be considered as excusing from paying taxes, within the 
meaning of the clause of the constitution which excludes from voting paupers and per¬ 
sons excused from paying taxes at their own request, it operates only to disqualify him 
as a voter during the political year for which the taxes were assessed, and not as a per¬ 
petual disfranchisement.— Ford v. Holden , 39 N. H., 143. 

t The Revised Statutes (Chap. XXVII) provide that none but native or naturalized citizens 
of the United States shall possess the right of voting, and aliens are expressly denied the 




22 


Sec. 30. And every person, qualified as tlie constitution provides, 
sliall be considered as an inhabitant for the purpose of electing and 
being elected into any office or place within this State, in the town, 
parish, and plantation where he dwelleth and hath his home. 

[Section 13 gives to voters for senators the right of voting for repre¬ 
sentatives.] 

Uew Jersey. (1844.) 

Art. II, Sec. 1. Every white male citizen of the United States, of the 
age of 21 years, who shali have been a resident of this State one year, and 
of the county in which he claims his vote five months, next before the 
election, shall be entitled to vote for all officers that now are or hereafter 
may be elective by the people: Provided , That no person in the military, 
naval, or marine service of the United States shall be considered a resi¬ 
dent in this State, by being stationed in any garrison, barrack, or mili¬ 
tary or naval place or station within this State ; and no pauper, idiot, 
insane person, or person convicted of a crime which now excludes him 
from being a witness, unless pardoned or restored by law to the right of 
suffrage, shall enjoy the right of an elector. 

Sec. 2. The legislature may pass laws to deprive persons of the right 
of suffrage who shall be convicted of bribery at elections. 

Uew York. (1846.) 

Art. II, Sec. 1. Every male citizen * of the age of 21 years, who shall 

right. No person can be considered a pauper within the meaning of the law, unless he has 
been assisted within 90 days prior to the meeting at which he claims the right to vote. If 
otherwise a legal voter, he cannot be deprived of his right to vote by reason of having been 
excused from paying taxes at his own request, if he shall, before he offers to vote, tender 
payment of all taxes assessed against him during the your prior to his offer to vote, to the 
moderator, collector of taxes, or one of the selectmen, and, at the time he offers to vote, pre¬ 
sents evidence of such tender. Nor can a person be deprived of the right to vote by reason 
of having received assistance for himself or family, if he shall have tendered payment as 
aforesaid, of all reasonable expenses, which said town has incurred within 90 days, by 
reason of such assistance ; but, upon making such tender, he must have his Tame placed 
upon the check list, when his vote must be received. 

No person is considered as dwelling in a town for the purpose of voting, unles." he shall 
have resided in such town six months next preceding the day of meeting. A re„ 'dence, 
when acquired, is not interrupted or lost by a temporary absence therefrom, with the inten¬ 
tion of returning. 

By exercising the privilege of voting within a town, a person is deemed to hav r , elected 
by such act to make the town his home, and is thereby disqualified from votin g in any 
other tovrn until he has gained a new residence as above provided. 

By chapter 1, section 3 of the laws of 1868, any person who shall have been exr used from 
paying taxes in any other town, or shall have received help for himself or fan ily within 
90 days, from the county, or any town other than that in which he offers to v ote, shall, 
if otherwise qualified, be entitled to vote at any election, by tendering payment a > provided 
in the section above cited. Paupers not chargeable to any town, cannot vote at any elec¬ 
tion, except upon tender of payment of all reasonable expenses of any assistance received 
from the town or county for himself or family within 90 days. 

To establish the fact that the respondent was not entitled to vote in a certain ward, under 
the statute requiring six months’ residence, evidence tending to show that he had not actually 
resided in such ward for the six months preceding the election, but had remained for several 
months in another ward, is legally sufficient, no evidence being given by the respondent to 
show that the absence was temporary.— State v. Marshall , 45 N. IT., 28J. 

The provisions of the statutes of 1849 and of 1860, relating to the domicile of voters, are 
not unconstitutional.— Davis v. School District , 44 N. IT., 398. 

N The rmconslitutionality of the proposed act of the legislature of New Hampshire, entitled, 
“An act to secure the right of suffrage to the qualified voters of this State engaged in the 
military or naval service of their country,” affirmed.— Opinion of Justices, 44 N. TI., 633. 

* A certificate of naturalization is the legal evidence of the judgment of the court, and is 
not to be collaterally impeached. [Williams, J., dissenting.] —People v. Pease, 30 Barber, 
(N. Y.,) 588. 

The elector is made the judge of his own qualifications, and his conscience takes the place 
of the judgment of every other tribunal for that occasion. The inspectors may instruct and 
advise him, but they cannot decide upon his qualifications.— lb. * 



23 


have been a citizen for 10 days and an inhabitant of this State one year 
next preceding an election, and for the last four months a resident of the 
county where he may offer his vote, shall be entitled to vote at such elect¬ 
ion, in the election district of which he shall at the time be a resident, 
and not elsewhere, for all officers that now are or hereafter maybe elect¬ 
ive by the people; but such citizen shall have been, for 30 days next 
preceding the election, a resident of the district from which the officer is 
to be chosen for whom he offers his vote. But no man of color, unless 
he shall have been for three years a citizen of this State, and for one year 
< next preceding any election shall have been seized and possessed of a 
freehold estate of the value of $250 over and above all debts and incum¬ 
brances charged thereon, and shall have been actually rated and paid a 
tax thereon, shall be entitled to vote at such election. And no person 
of color shall be subject to direct taxation unless he shall be seized and 
possessed of such real estate as aforesaid. 

[In 1864 an amendment was added, allowing electors, in time of war, to 
vote while absent from the State, in the military or naval service of the 
United Stdtes, in such manner as the legislature might prescribe.] 

Sec. 2. Laws may be passed excluding from the right of suffrage all 
persons who have been or may be convicted of bribery, larceny, or of 
any infamous crime; and for depriving every person who shall make, or 
become directly interested in, any bet or wager, depending upon the 
result of any election, from the right to vote at such election. 

Sec. 3. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service of the United States ; nor while engaged in the 
navigation of the waters of this State, or of the United States, or of the 
* high seas; nor while a student of any seminary of learning; nor while 
kept at any almshouse, or other asylum, at public expense; nor while 
confined in any public prison. 

Xorth Carolina. (1868.) 

Art. YI, Sec. 1. Every male person born in the United States, and 
every male person who has been naturalized, 21 years old or upward, 
who shall have resided in this State 12 months*next preceding the elec¬ 
tion, and 30 days in the county in which he offers to vote, shall be deemed 
an elector. 

Sec. 2. It shall be the duty of the general assembly to provide from 
time to time for the registration of all electors, and no person shall be 
allowed to vote without registration, or to register without first taking 
an oatli or affirmation to support and maintain the Constitution and laws 
of the United States, and the constitution and laws of North Carolina 
not inconsistent therewith. 

Sec. 5. The following classes of persons shall be disqualified for office: 
First, all persons who shall deny the being of Almighty God. Second, all 
persons who shall have been convicted of treason, perjury, or any other 
infamous crime, since becoming citizens of the United States, or of cors. 
ruption or malpractice in office, unless such person shall have been 
legally restored to the rights of citizenship. 

Ohio. (1851.) 

Art. Y, Sec. 1. Every white male citizen of the United States,* of the 


* In Jeffries v. Ankeny et al., 11 Ohio Rep.. 372, the court in giving a construction to this 
word “ white,” in the constitution of 1802, held that a person the offspring of a white m in 



24 


age of 21 years, wlio shall have been a resident of the State one year 
next preceding the election, and of the county, township or ward in 
which he resides such time as may be provided by law,* shall have the 
qualifications of an elector and be entitled to vote at all elections. 

Sec. 4 . The general assembly shall have power to exclude from the 
privilege of voting, or of being eligible to office, any person convicted of 
bribery, perjury, or otherwise infamous crime. 

Sec. 5. No person in the military, naval, or marine service of the United 
States shall, by being stationed in any garrison or military or naval 
station within the State, be considered a resident of this State. 

Sec. 6 . No idiot or insane person shall be entitled to the privileges of 
an elector. 


Oregon. (1857.) 

Art. II, Sec. 2. In all elections not otherwise provided for by this 
constitution, every white male citizen of the United States, of the age of 
21 years and upwards, who shall have resided in the State during the six 
months immediately preceding such election, and every white male of 
foreign birth, of the age of 21 years and upwards, who shall have resided 
in the United States one year, and shall have resided in this State dur¬ 
ing the six months immediately preceding such election, and shall have 
declared his intention to become a citizen of the United States one year 
preceding such election, conformably to the laws of the United States on 
the subject of naturalization, shall be entitled to vote at all elections 
authorized by law. 

Sec. 3. No idiot or insane person shall be entitled to the privileges of 
an elector 5 and the privilege of an elector shall be forfeited by a con¬ 
viction of any crime which is punishable by imprisonment in the peni¬ 
tentiary. 

and a half-breed Indian woman, was a lawful voter. This construction was followed in 
Thacker v. Hawk et al., Ib. 376, where it was decided that the court of common pleas erred 
in holding 1 that a man who had any negro blood in him, whatever, was not a lawful voter. 
The controlling idea of both cases is, that all men nearer white than black, of the grade be¬ 
tween the mulatto and the white, were, so far as blood and color were concerned, entitled to 
vote as “white male” citizens. 

Read, J., dissented in both cases, insisting that “white” meant “ pure white — unmixed ;” 
and that the constitution intended to exclude all persons from the privileges of the elective 
franchise except persons of pure white blood. 

The act of April 13, 18C3, “ to enable qualified voters of this State, in the military service 
of this State, or of the United States, to exercise the right of suffrage,” was intended to ena¬ 
ble qualified voters of the State, in the military service, to vote, in accordance with its pro¬ 
visions, as well without as within the territorial limits of this State.— Lehman v. McBride, 
15 Ohio St., 573. 

Such act is constitutional. [Ranney, J., dissenting.]— Ib. 

The constitution of Ohio gives a right to vote to white male citizens. It having been 
decided that male citizens having a visible admixture of African blood, but in whom the 
white blood predominates, are white within the above clause; held, that a law imposing a 
heavy burden of proof on such citizens, providing that judges of elections should not be 
liable for damages for rejecting their votes, and otherwise unfavorably discriminating against 
them, was unconstitutional.— Monroe v. Collins , 17 Ohio St, 665. 

Persons having a mixture of African blood, but a preponderance of white blood, or being 
more white than black, and being otherwise qualified, were, by the settled construction of 
the section of the constitution of 1802, regulating the exercise of the elective franchise, en¬ 
titled to enjoy the right of an elector. No change was made in this respect by the corres¬ 
ponding section of the constitution of 1851. The same persons, being otherwise qualified, 
are not to be excluded on account of color, but are entitled, under the present constitution, 
to vote at all elections.— Anderson v. Millikin et al., 9 O. St., R., 568. 

* This time was limited by act of April 17, 1868, to 30 days in the county, and 20 days 
in the township, incorporated village, or ward, before election : except that heads of families 
may remove from one ward to another in the same city, and not out of the county, without 
losing the right of voting. 



Sec. 4. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service fif this State, or of the United States, or on the 
high seas, nor while a student of any seminary of learning, nor while con¬ 
fined in any public prison. 

Sec. 5. No soldier, seaman, or marine, in the army or navy of the 
United States, or of their allies, shall be deemed to have acquired a resi¬ 
dence in the State in consequence of having been stationed within the 
same, nor shall any such soldier, seaman, or marine have the right to 
vote. 

Sec. G. No negro, Chinaman, or mulatto shall have the right of suf¬ 
frage. 

Sec. 17. All qualified electors shall vote in the election precinct in the 
county where they may reside for county officers, and in any county in 
the State for State officers, or in any county of a congressional district 
in which such electors may reside for members of Congress. 

Pennsylvania. (1838.) 

Art. Ill, Sec. 1. In elections by the citizens, every white freeman* * * § 
of the age of 21 years, having resided in this State one year and in the 
election district where he offers to vote for 10 days immediately pre¬ 
ceding such election, and within two years paid a State or county tax,f 
which shall have been assessed at least 10 days before the election, 
shall enjoy the rights of an elector. But a citizen of the United States,! 
who had previously been a qualified voter of this State, and removed 
therefrom and returned, and who shall have resided in the election dis¬ 
trict, and paid taxes as aforesaid, shall be entitled to vote, after residing 
in the State six months: Provided , That white freemen, citizens of the 
United States, between the ages of 21 and 22 years, and having resided 
in the State one year and in the election district§ 10 days as aforesaid, 
shall be entitled to vote, although they shall not have paid taxes. 

[By a law passed July 2, 1839, citizens in actual military service, in 
any detachment of the military, or corps of volunteers under a requisi¬ 
tion from the President of the United States, or by authority of the 
Commonwealth, were allowed to vote at places other than their usual 
residence. In 1864, an amendment was added to the constitution author- 

*A negro or mulatto cannot vote at a general election in Pennsylvania. — Hobbs v. Fogg, 
6 Watts, 553. The word “white” was introduced into the constitution in 1837, subse¬ 
quent to the above decision. 

t To entitle a citizen, otherwise qualified to vote in Pennsylvania, for President and Vice- 
President, he must have paid, within two years next preceding the election, a State or county 
tax, assessed on himself individually, at least six months prior to such election.— Catlin v. 
Smith, 2 S. and R., 267. 

X Where the naturalization results from the naturalization of the parent, the parent’s cer¬ 
tificate must be produced.— Price v. Barber, 13 Leg. Int., 140. 

§ Election districts, within the meaning of the Pennsylvania Statutes, denote subdivisions 
of State territory marked out by known boundaries, prearranged and declared by public 
authority; though not defined by the constitution, they mean in it the same as in the statute, 
and are recognized as among the civil institutions of the State, which can neither be created 
nor controlled by the military power.— Chase v. Miller 41 Penn. State R., 403 

“Residence,” in the constitution, is the same as domicile, the place where a man estab¬ 
lishes his abode, makes the seat of his property, and exercises his civil and political rights.— lb. 

The party must not only have actually resided in the State one year before tendering 
his vote, but such residence must have been with the intent to become a citizen of the 
State, and to abandon the citizenship the party may have previously had in another State.— 
Snow, Com. Pleas, Phila., 3 Nov., 1848, M. S., Sec. 2d, Par. A. D., 450. 1 Ash., 125. 1 

Wall, jr., 217, 2d J., 365, P. L. J., 310. 

The term “election district” signifies any part of a city or county having fixed bounda 
ries, within which the citizens residing therein must vote.—3P. L. J , 310 ; 5 Wright, 403.— 



26 


izing sucli persons to vote under such regulations as might be prescribed 
by laAY. An act was accordingly passed August 25, of that year, for car¬ 
rying this provision into effect.* 

Rhode Island. (1842.) 

Art. II, Sec. 1. Every male citizen of the United States, of the age 
of 21 years, who has had his residence and home in this State for one 
year, and in the town or city in which he may claim a right to vote six 
months next preceding the time of voting, and who is really and truly- 
possessed in his own right of real estate in such town or city of the 
value of $134, over and above all incumbrances, or which shall rent for 
$7 per annum over and above any rent reserved, or the interest -of any 
incumbrances thereon, being an estate in fee simple, fee tail, for the life 
of any person, or an estate in reversion of remainder, which qualifies no 
other person to vote, the conveyance of which estate, if by deed, shall 
have been recorded at least 90 days, shall hereafter have a right to vote 
at the election of all civil officers, and on all questions, in all legal town 
or ward meetings, so long as he continues so qualified. 

And if any person hereinbefore described shall own any such estate 
within this State out of the town or city in which he resides, he shall 
have a right to vote in the election of all general officers and members 
of the general assembly in the town or city in which he shall have had 
his residence and home for the term of six months next preceding the 
election, upon producing a certificate from the clerk of the town or city 
in which his estate lies, bearing date within 10 days of his voting, set¬ 
ting forth that such person has a sufficient estate therein to qualify him 
as a voter, and that the deed, if any, has been recorded 90 days. 

Sec. 2. * * * * From and after that time, [the end of 1843,] every 
such citizen, [male citizens of the United States, 21 years of age, two 
years resident in State and six months in town or city,] who has had 
the residence herein required, and whose name shall be registered in 
the town where he resides, on or before the last day of December in the 
year next preceding the time of his voting, and who shall show any legal 
proof that he has, for and within the year next preceding the time he 
shall offer to vote, paid a tax or taxes assessed against him in any town 
or city in this State, to the amount of $1; or that he lias been enrolled 
in a military company in this State, been equipped and done duty 
therein, according to law, and at least for one day during such year, 
shall have a right to vote in the election of all civil officers, and on all 
questions in all legally organized town or ward meetings: Provided , 
That no person shall at any time be allowed to vote in the election of 
the city council of the city of Providence, or upon any proposition to 
impose a tax, or for the expenditure of money in any town or city, unless 
he shall, within the year next preceding, have paid a tax assessed upon 
his property therein valued at least at $134. 

Sec. 3. The assessors of each town or city shall annually assess upon 
every person whose name shall be registered, a tax of $i, or such sum 

* The law providing for the voting of soldiers away from home in actual service, covers 
the case of municipal elections held at the same time as the general election; hence the sol¬ 
diers in camp, belonging to Philadelphia, at the time of the election of 1881, had the right to 
vote for their proper municipal officers, and have their votes counted and returned, and it 
was the duty of the judges of each ward to meet on the second Tuesday of November, to 
include the votes so returned in their enumeration. — Ftulseman v. Rems, 41 Penn. State 
R., 396. 

The right of a soldier to vote, under the constitution, is confined to the election district 
where he resided at the time of his entering the military service.— Chase v. Miller, 41 Penn. 
State R., 403. 



27 


as with his other taxes shall amount to $1, which registry tax shall he 
paid into the treasury of such town or city, and be applied to the sup¬ 
port of public schools therein. But no compulsory process shall issue 
for the collection of any registry tax: Provided , That the registry tax 
assessed upon any mariner, for any year while he is at sea, shall, upon 
his application, be remitted; and no person shall be allowed to vote 
whose registry tax for either of the two years next preceding the time 
of voting is not paid or remitted, as herein provided. 

Sec. 4. No person in the military, naval, or marine, or any other 
r service of the United States, shall be considered as having the required 

residence by reason of being employed in any garrison, barrack, or mili¬ 
tary or naval station in this State; and no pauper, lunatic, person non 
compos mentis , person under guardianship, or member of the Narra- 
gansett tribe of Indians, shall be permitted to be registered or to vote. 

Nor shall any person convicted of bribery, or of any crime deemed 
infamous at common law, be permitted to exercise that privilege, until 
he be expressly restored thereto by act of the general assembly. 

Sec. 5. Persons residing on lands ceded by this State to the United 
States shall not be entitled to exercise the privilege of electors. 

Amendment: Article 4. (Adopted June 3, 18G4.)—Electors of 
this State, who, in time of war, are absent from the State in the actual 
military service of the United States, being otherwise qualified, shall 
have a right to vote in all elections in the State for electors of President 
and Vice-President of the United States, representatives in Congress, 
and general officers of the State. The general assembly shall have full 
power to provide, by law, for carrying this article into effect, and until 
such provision shall be made by law, any such absent elector, on the 
day of such elections, may deliver a written or printed ballot, with the 
names of the persons voted thereon, and his Christian and surname, and 
his voting residence in the State, written at length on the back thereof, 
to the officer commanding the regiment or company to which he belongs; 
and all such ballots certified by such commanding officer to have been 
given by the elector whose name is written thereon, and returned by 
such commanding officer to the secretary of state within the time'pre¬ 
scribed by law for counting the votes in such election, shall be received 
and counted with the same effect as if given by such elector in open 
town, ward, or district meeting; and the clerk of town or city, until other¬ 
wise provided by law, shall, within five days after any such election, 
transmit to the secretary of state a certified list of the names of all such 
electors on their respective voting list. 

South Carolina. (1868.) 

Art. VIII, Sec. 2. Every male citizen of the United States, of the 
age of 21 years and upwards, not laboring under the disabilities named 
in this constitution, without distinction of race, color, or former condi¬ 
tion, who shall be a resident of this State at the time of the adoption of 
this constitution, or who shall thereafter reside in this State one yqgr, 
and in the county in which lie offers to vote 60 days next preceding any 
election, shall be entitled to vote for all officers that are now, or here¬ 
after may be, elected by the people, and upon all questions submitted to 
the electors at any elections: Provided , That no person shall be allowed 
to vote or hold office who is now or hereafter may be disqualified there¬ 
for by the Constitution of the United States, until such disqualification 
shall be removed by the Congress of the United States: Provided fur¬ 
ther , That no person, while kept in any almshouse or asylum, or of 


28 

unsound mind, or confined in any public prison, sliall be allowed to vote 
or hold office. 

Sec. 3. It shall be the duty of the general assembly to provide from 
time to time for the registration of all electors. 

Sec. 4. For the purpose of voting no person shall be deemed to have 
lost his residence by reason of absence while employed in the service of 
the United States-, nor while engaged upon the waters of this State or 
the United States, or of the high seas, nor while temporarily absent 
from the State. 

Sec. 5. No soldier, seaman, or marine, in the army or navy of the 
United States, shall be deemed a resident of this State in consequence 
of having been stationed therein. 

Sec. 8. The general assembly shall never pass any law that will deprive 
any of the citizens of this State of the right of suffrage, except for trea¬ 
son, murder, robbery, or duelling, whereof the persons shall have been 
duly tried and convicted. 

Sec. 12. No person shall be disfranchised for felony, or other crimes 
committed while such person was a slave. 

Tennessee. (1834.) 

Akt. IY, Sec. 1. Every free white man, of the age of 21 years, being 
a citizen of the United States, and a citizen of the county wherein he may 
offer his vote six months next preceding the day of election, shall be enti¬ 
tled to vote for members of the general assembly and other civil officers, 
for the county or district in which he resides : Provided , That no person 
shall be disqualified from voting in any election on account of color, who 
is now, by the laws of this State, a competent witness in a court of justice 
against a white man. All free men of color shall be exempt from mili¬ 
tary duty in time of peace, and also from paying a free poll-tax. 

Sec. 2. Laws may be passed excluding from the right of suffrage per¬ 
sons who may be convicted of infamous crimes. 

Amendment. (1866.) Schedule.—Sec. 9. The qualifications of 
voters, and the limitations of the elective franchise, may be determined 
by the general assembly which shall first assemble under the amended 
constitution.* 

*An act to limit the elective franchise was passed June 5, 1865. It restricted the right of 
voting to those white men (otherwise qualified under the constitution) who were publicly 
known to have entertained unconditional Union sentiments from the outbreak of the rebellion 
until that time, and who had not voluntarily given aid to the so-called “ Confederate States.” 

This act w 7 as repealed by another, passed May 3, 1866, soon after the adoption of the 
amendment given in the text, and this was again further amended February 25, 1867. The 
existing provisions of these acts, so far as they admit or deny the right of persons to vote, 
are as follows: 

Sec. 1. Every male inhabitant of this State, of the age of 21 years, a citizen of the United 
States, and a resident of the county wherein he may offer his vote six months next preceding 
the day of election, shall be entitled to the privilege of the elective franchise, subject to the 
following exceptions and disqualifications, to wit: 

1. Said voter shall never have borne arms against the government of the United States, 
for the purpose of aiding the late rebellion, nor have voluntarily given aid, comfort, counte¬ 
nance, counsel, or encouragement to any rebellion against the authority of the United States 
government, nor aided, countenanced, or encouraged acts of hostility thereto. 

2. That said voter shall have never sought or voluntarily accepted any office, civil or 
military, or attempted to exercise the functions of any office, civil or military, under the 
authority or pretended authority of the so-called “ Confederate States of America,” or of any 
insurrectionary State whatever, hostile or opposed to the authority of the United States gov¬ 
ernment, with the intent and desire to aid said rebellion or insurrectionary authority. 

3. That said voter shall never have voluntarily supported any pretended government, 
power, or authority hostile or inimical to the authority of the United States, by contributions 
in money or property, by persuasion or influence, or in any other way whatever : Provided , 



29 


Vermont. (1793.) 

Part I, Art. 8 . That all elections ought to he free, and without cor¬ 
ruption, and that all freemen, having a sufficient evident common inter¬ 
est with, and attachment to, the community, have a right to elect and be 
elected into office, agreeably to the regulations made in this constitution. 

Part II, Sec. 21. Every man of the full age of 21 years, having 
resided in this State for the space of one whole year next before the 
election of representatives, and is of a quiet and peaceable behavior, and 
will take the following oath or affirmation, shall be entitled to all the 
privileges of a freeman of this State: 

You solemnly swear (or affirm) that whenever you give your vote or suffrage touching 
any matter that concerns the State of Vermont, you will do it so as in your conscience you 
shall judge will most conduce to the best good of the same, as established by the constitu¬ 
tion, without fear or favor of any man. 

Amendment. (1828.) —Art. I. No person who is not already a free¬ 
man of this State shall be entitled to exercise the privileges of a free¬ 
man, unless he be a natural born citizen of this or some one of the 
United States, or until he shall have been naturalized agreeably to the 
acts of Congress. 


West Virginia. (1861-’63.) 

Art. Ill, Sec. 1. The white male citizens of the State shall be enti¬ 
tled to vote at all elections held within the election districts in which they 
respectively reside; but no person who is a minor, or of unsound mind, 
or a pauper, or who is under conviction of treason, felony, or bribery in 
an election, or who has not been a resident of the State for one year, and 
of the county in which he offers to vote for 30 days next preceding such 
offer, shall be permitted to vote while such disability continues. 

Amendment. (1866.)—No person who, since the 1st day of June, 
1861, has given or shall give voluntary aid or assistance to the rebellion 
against the United States, shall be a citizen of this State, or be allowed 
to vote at any election therein, unless lie has volunteered into the mili¬ 
tary or naval service of the United States, and has been or shall be 
honorably discharged therefrom. 

Wisconsin. (1848, as amended.) 

Art. Ill, Sec. 1. Every male person, of the age of 21 years or upward, 
belonging to either of the following classes, who shall have resided in 

That the foregoing restrictions and disqualifications shall not apply to any citizen who may 
have served in and been honorably discharged from the army or navy of the United States 
since the 1st day of January, 1862, nor to those who voted in the presidential election in 
November, 1864, or voted in the election for “ratification or rejection,” in February, 1865, 
or voted in the election held on the 4th of March, of the same year, for governor and members 
of the legislature, nor to those who have been appointed to any civil or military office by 
Andrew Johnson, military governor, or William G. Brownlow, governor of Tennessee, prior 
to June 5, 1865. all of whom are hereby declared to be qualified voters, upon their comply¬ 
ing with the requirements of this act: Provided , That this latter clause shall not apply to any 
commission issued upon any election which may have been held. 

[The second and third sections provide for the appointment of a commissioner of registra¬ 
tion for each county in the State. He is required to issue certificates of registration to those 
entitled, upon production of sufficient documentary proofs, and personal evidence of uncon¬ 
ditional Union men, and upon the oath of the person making application for registration, 
setting forth that he has not borne arms against the United States, nor willingly given aid 
to rebellion. Persons personally known to the commissioner to have always been uncon¬ 
ditional Union men, or who may be proved to be such by two such witnesses, are excused* 
from taking the oath. Citizens of Tennessee in the army of the United States are allowed 
to vote wherever located, and the votes are to be counted as of the counties in which 
such officers or soldiers might reside.] 



30 

this State for one year next preceding any election, shall be deemed a 
qualified elector at such election :* 

1. CiJizens of the United States. 

2. Persons of foreign birth who shall have declared their intention 
to become citizens conformably to the laws of the United States on the 
subject of naturalization. 

3. Persons of Indian blood, who have once been declared by law of 
Congress to be citizens of the United States, any subsequent law of 
Congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe: 
Provided , That the legislature may at any time extend by law the right- 
of suffrage to persons not herein enumerated; but no such law shall be 
in force until the same shall have been submitted to a vote of the people 
at a general election, and approved by a majority of all the votes cast at 
such election. 

Sec. 2. No person under guardianship, non compos mentis , or insane, 
shall be qualified to vote at any election; nor shall any person convicted 
of treason or felony be qualified to vote at any election, unless restored 
to civil rights. 

Sec. 4. No person shall be deemed to have lost his residence in this 
State by reason of his absence on business of the United States or of 
this State. 

Sec. 5. No soldier, seaman or marine in the army or navy of the 
United States, shall be deemed a resident of this State in consequence 
of being stationed within the same. 

Sec. 6. Laws may be passed excluding from the right of suffrage all 
persons who have been or may be convicted of bribery or larceny, or of 
any infamous crime, and depriving every person who shall make, or 
become directly or indirectly interested in any bet or wager depending 
upon the result of any election, from the right to vote at such election, f 

Art. XIII, Sec. 2. Any inhabitant of this State who may hereafter 
be engaged, either directly or indirectly, in a duel, either as principal 
or accessory, shall forever be disqualified as an elector, and from hold¬ 
ing any office under the constitution and laws of this State, and may 
be punished in such other manner as shall be prescribed by law. 

Sec. 5. All persons residing upon Indian lands within any county of 
the State, and qualified to exercise the right of suffrage under this con¬ 
stitution, shall be entitled to vote at the polls which may be held 
nearest their residence, for State, United States, or county officers: 
Provided , That no person shall vote for county officers out of the county. 
in which he resides. 

Constitutional provisions relating to the limitation of suffrage in States not 
restored to the right of representation in Congress. 

Mississippi. 

Constitution of 1832.— Art. Ill, Sec. 1. Every free white male 
person of the age of 21 years or upwards, who shall be a citizen of the 
United States, and shall have resided in this State one year next pre- 

* The words “ any person not having all the qualifications of an elector,” in this statute, 
mean any person disqualified, incapacitated, or disentitled, from any of the causes fixed by 
law, referring to his condition when his vote is received.— Byrne v. State, 12 Wis., 519. 

t The question whether or not a voter had a wager depending upon the result of the elec¬ 
tion, is a question of mixed law and fact, upon which the inspectors act in a quasi judicial 
capacity, and for an obvious but honest mistake of the law or error of judgment in their deci¬ 
sion they are not criminally responsible.— Byrnev. State, 12 Wis., 519. 



31 


ceding an election, and the last four months within the county, city, or 
town in which he offers a vote,*shall be deemed a qualified elector. And 
any such qualified elector who may happen to be in any county, city, or 
town other than that of his residence at the time of an elecfion, or who 
shall have moved to any county, city, or town within four months pre¬ 
ceding the election, from any county, city, or town in which he would 
have been a qualified elector had he not so removed, may vote for any 
State or district officer, or member of Congress, for whom he could have 
voted in the county of his residence, or the county, city, or town from 
l which he may have so removed. 

Art. VII, Sec. 4. * * * Laws shall be made to 

exclude from office and from suffrage those who shall thereafter be con¬ 
victed of bribery, perjury, forgery, or other high crimes or misde¬ 
meanors. # # # 

Constitution prepared in 1868 and not adopted.—Art. VII, 
Sec. 2. All male inhabitants of this State, except idiots and insane 
persons, and Indians not taxed, citizens of the United States, or natu¬ 
ralized, 21 years old and upwards, who have resided in this State six 
months and in.the county oiie month next preceding the day of elec¬ 
tion at which said inhabitant offers to vote, and who are duly registered 
according to the requirements of section three of this article, and who 
are not disqualified by reason of any crime, are declared to be qualified 
electors. 

Sec. 3. The legislature shall provide, by law, for the registration of 
all persons entitled to vote at any election, and all persons entitled to 
register shall take and subscribe the following oath or affirmation: 

I,-, do solemnly swear (or affirm) that I have resided in this State six months, 

* and in-county one month ; that I will faithfully support and obey the Constitution 

and laws of the United States and of the State of Mississippi, and will bear true faith and 
allegiance to the same; that I am not disfranchised in any of the provisions of the acts 
known as the reconstruction acts of the 39th and 40th Congress, and that I admit the 
political and civil equality of all men: So help me God. 

Provided , That if Congress shall at any time remove the disabilities 
of any person disfranchised in the said reconstruction acts of the said 
39th and 40th Congress, (and the legislature of this State shall concur 
therein,) then so much of this oath, and so much only, as refers to the 
said reconstruction acts, shall not be required of such person, so 
pardoned, to entitle him to be registered. 

Sec. G. In time of war, insurrection, or rebellion, the right to vote at 
such place and in such manner as shall be prescribed by law, shall be 
enjoyed by all persons otherwise entitled thereto, who may be in the 
actual military or naval service of the United States or this State, pro¬ 
vided said votes be made to apply in the county or precinct wherein they 
. reside. 

Art. XII, Sec. 2. The legislature shall pass laws to exclude from 
office and from suffrage those who shall hereafter be convicted of bribery, 
perjury, forgery, or other high crimes or misdemeanors. * * * 

Texas 

« 

Constitution of 1845, as amended in 1866.— Art. Ill, Sec. 1. 
Every free male person who shall have attained the age of 21 years, and 
who shall be a citizen of the United States, and shall have resided in 
this State one year next preceding an election, and the last six months 
within the district, county, city, or town in which he offers to vote, (In¬ 
dians not taxed, Africans and descendants of Africans excepted,) shall 
be deemed a qualified elector; and should such qualified elector happen 




32 


to be in any other county situated in the district in which he resides at the 
time of an election, he shall be permitted to vote for any district officer: 
Provided , That the qualified electors shall be permitted to vote anywhere 
in the StateTor State officers: And provided further , That no soldier, sea¬ 
man, or marine, in the army or navy of the United States, shall be en¬ 
titled to vote at any election created by this constitution. 

[The amendments proposed by the constitutional convention of 1867, define the qualifica¬ 
tions of voters in two sections, and differently, as will be seen by the following quotations :] 

“Art. Ill, Sec. 1. Every male person who shall have attained the 
age ot 21 years, and who shall be (or who shall have declared his inten¬ 
tion to become) a citizen of the United States, or who is, at the time-of 
the acceptance of this constitution by the Congress of the United States, 
a citizen of Texas, and shall have resided in this State one year next 
jireceding an election, and the last six months within the district or 
county in' which he offers to vote, and is duly registered, (Indians not 
taxed excepted,) shall be deemed a qualified elector; and should'such 
qualified elector happen to be in any other county situated in the dis¬ 
trict in which he resides, at the time of an election, he shall be permit¬ 
ted to vote for any district officer: Provided , That the qualified elector 
shall be permitted to vote anywhere in the State for State officers: And 
provided f urther , That no soldier, seaman, or marine in the army or navy 
of the United States, shall be entitled to vote at any election created by 
this constitution.” 

u Art. VI, Sec. 1. Every male citizen of the United States, of the age 
of 21 years and upwards, not laboring under the disabilities named in 
this constitution, without distinction of race, color, or former condition, 
who shall be a resident of this State at the time of the adoption of this 
constitution, or who shall thereafter reside in this State one year, and 
in the county in which he offers to vote sixty days next preceding any 
election, shall be entitled to vote for all officers that are now, or hereafter 
may be, elected by the people, and upon all questions submitted to 
the electors at any election: Provided , That no person shall be allowed 
to vote or hold office who is now, or hereafter may be, disqualified there¬ 
for by the Constitution of the United States, until such disqualification 
shall be removed by the Congress of the United States : Provided fur¬ 
ther , That no person while kept in any asylum, or confined in prison, or 
w ho has been convicted of a felony, or who is of unsound mind, shall be 
allowed to vote or hold office.” 


Virginia. 

Constitution as amended in 186G.— Art. Ill, Sec. 1. Every white 
male citizen of the Commonwealth of the age of 21 years, who has been 
a resident of the State for two years, and of the county, city, or town 
where he offers to vote for 12 months next preceding an election, who 
has paid all State taxes assessed to him for the preceding year, shall be 
qualified to vote for members of the general assembly, and all officers 
elective by the people; but when a citizen of the State removes from 
one county, city, or town, to another in this State, he shall not, by rea¬ 
son of such change of residence, lose his right to vote in the county, city, 
or town from which he removes until he shall have acquired the right to 
vote in the county, city, or town to which he removes: Provided , how¬ 
ever, That no person shall be allowed to vote who is of unsound mind, 
a pauper, or who has been convicted of bribery at an election, or of an 
infamous offense. No person in the military, naval, or marine service 
of the United States shall be deemed a resident of this State, by reason 


33 


of being stationed therein; but citizens of this State, when in the mil¬ 
itary service of the United States, shall be permitted to vote, under 
such regulations as may be prescribed by the general assembly, wher¬ 
ever they may be stationed, the same as if they were within their respec¬ 
tive cities, counties, or districts. 

Constitution prepared in 1868, and not yet adopted.—Art. Ill, 
Sec. 1 . Every male citizen of the United States 21 years old, who shall 
have been a resident of this State 12 months, and of the county, city, 
or town in which he shall offer to vote three months next preceding any 
election, shall be entitled to vote upon all questions submitted to the 
people at such election: Provided , That no officer, soldier, seaman, or 
marine, of the United States army or navy, shall be considered a resident 
of this State by reason of being stationed therein: And provided also, That 
the following persons shall be excluded from voting: 

1. Idiots and lunatics. 

2. Persons convicted of bribery in any election, embezzlement of 
public funds, treason, or felony. 

3. No person who, while a citizen of this State, has, since the adop¬ 
tion of this constitution, fought a duel with a deadly weapon, sent or 
accepted a challenge to fight a duel with a deadly weapon, either within 
or beyond the boundaries of this State, or knowingly conveyed a chal¬ 
lenge, or aided or assisted in any manner in fighting a duel, shall be 
allowed to vote, or hold any office of honor, profit, or trust, under this 
constitution. 

4. Every person who has been a senator or representative in Con¬ 
gress, or elector of President or Vice-President, or who held any office, 
civil or military, under the United States, or under any State, who, having 
previously taken an oath as a member of Congress, or as an officer of the 
United States, or as a member of any State legislature, or as an execu¬ 
tive or judicial officer of any State, shall fyave engaged in insurrec¬ 
tion or rebellion against the same, or given aid or comfort to the enemies 
thereof. This clause shall include the following officers: governor, lieu¬ 
tenant governor, secretary of state, auditor of public accounts, second 
auditor, register of the land office, state treasurer, attorney general, 
sheriffs, sergeant of a city or town, commissioner of the revenue, county 
surveyors, constables, overseers of the poor, commissioner of the board 
of public works, judges of the supreme court, judges of the circuit 
court, judges of the court of hustings, justices of the county courts, 
mayor, recorder, alderman, councilmen of the city or town, coroners, 
escheators, inspectors of tobacco, flour, &c., clerks.of the supreme, 
district, circuit, and county courts, and of the court of hustings, and 
attorneys for the Commonwealth: Provided , That the legislature may, 
by a vote of three-fifths of both houses, remove the disabilities incurred 
by this clause from any person included therein by a separate vote in 
each case. 

Sec. 2. All elections shall be by ballot, and all persons entitled to vote 
shall be eligible to any office within the gift of the people, except as 
restricted in this constitution. 

3 


34 

SUMMARY OF CLASSES 


Of male citizens of the United States , being 21 years of age , w/tose n#/te /o 
vote <%/ tuiy election for the choice of electors for President and Vice- 
President of the United States , representatives in Congress , the executive 
and judicial officers of a State , or tee members of the legislature thereof is 
denied , or m tww/ way abridged , except for participation in rebellion or 
other crime * 

I.—On account of Race or Color. 

Colored persons indirectly described by using the word u white” in tlie 
definition of voters— California , Connecticut , Delaware , Illinois , Indiana , 
Kansas , Kentucky , Maryland, Michigan , ilimowW, Nevada , Yew Jersey , 
O/wo, Oregon , Pennsylvania , and TYest Virginia. 

Negroes and mulattoes expressly excluded —Indiana and Oregon. 
Chinamen expressly excluded— Oregon. 

II.—On account of Residence. 

Persons residing on lands ceded by the State to the United States— 
Massachusetts ,t Rhode Island. 

In State less than three years, being a colored citizen and freeholder to 
the value of $250—Yew Yorft. 

In State less than two years— Kentucky. 

In State less than one year— Connecticut, Delaware , Florida , Illinois, 
Louisiana, Maryland , Massachusetts , Missouri, Yew Jersey, Yew Yor/v, 
North Carolina, O/wo, Pennsylvania ,J Rhode Island, /SWte Carolina, Fer- 
mont, West Virginia , and TFtecowsm. 

In State less than six months— Alabama, Arkansas, California , Georgia, 
Indiana, iowa, Kansas, Nevada ,§ Yew? Hampshire, and Oregon. 

In State less than four months— Minnesota . 

In State less than three months— Maine, and Michigan. 

In county less than six^months —Florida and Tennessee. 

In county less than five months—Yew Jersey. 

In county less than four months—Yew Yorfc. 

In. county less than three months— Alabama. 

In county less than sixty days—Jowu and South Carolina. 

In county less than thirty days— Georgia, North Carolina, O/wo, and 
West Virginia. 

In parish less than ten days— Louisiana. 

In county or district less than six months —Maryland and Nevada. 

In county or district less than thirty days— California. 

In county, city, or town less than one year— Kentucky. 

In county, city, of town less than sixty days— Missouri. 

In town or city less than six months —Rhode Island. 

In township or ward less than thirty days— Kansas. 

In township or ward less than ten days— Michigan. 

In town or district less than six months— Massachusetts. 

In town less than six months— Connecticut , Yew Hampshire. 

In township, incorporated village, or ward less than twenty days—O/wo. 

* The States of Mississippi, Texas, and Virginia are not included in this summary, 
t By judicial decision, and not by the express terms of the constitution, 
t If previously a resident of the State, a man may regain residence as a voter in six 
months after his return. 

$ Six months of actual, not of constructive, residence. 




In district or precinct, where they reside, less than sixty days— Ken¬ 
tucky ; less than thirty days— New York ; less than ten days —Minnesota 
and Pennsylvania. 

III.— On account of Wanting Property Qualifications, or for 
Non-payment of Taxes. 

Those who have not paid all taxes which may have been required of 
them, and which they have had an opportunity of paying within the pre¬ 
ceding year— Georgia. 

Those who have not paid a poll-tax, as law may require— Nevada. - 

Those excused from paying taxes at their own request— New Hampshire. 

Those who have not paid any State or county tax assessed within two 
years next preceding, unless by law exempted from taxation— Massachu¬ 
setts. 

Those over 22 who have not within two years paid a county tax 
assessed at least six months before election— Delaware. 

Those over 22 who have not within two years paid a State or county 
tax, assessed at least ten days before election— Pennsylvania. 

Those who do not own real estate in the town or city, worth $134 over 
and above all incumbrances, &cq also, those who have not paid a regis¬ 
try tax within either of two preceding years, unless remitted on account 
of absence at sea —Rhode Island, 

Colored persons, not owning freeholds during one year next preceding 
election, worth $250 over all incumbrances, and on which taxes have 
been assessed and paid —New York. 

IV.—On account of Want of Literary Qualifications. 

Those unable to read an article in the constitution, or any section of 
the statutes of the State— Connecticut. 

Those unable to read the constitution in the English language, and 
write their names, unless prevented by physical disability, or over 60 
years of age when the amendment was adopted— Massachusetts. 

V.— On account of Character or Behavior. 

Those who do not sustain a good moral character— Connecticut, 

Those who are not of a quiet and peaceful behavior— Vermont. 

VI.— On account of Service in the Army or Navy* 

No officer, solder, or marine in the regular army or navy of the United 

tates allowed to vote— Missouri. 



VII. —On account of Poverty, Idiocy, or Insanity. 

Those who are insane— Alabama, Arkansas , California, Delaware, 
Florida, Georgia, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Ore¬ 
gon, Rhode Island, and Wisconsin. 

Those who are idiotic— Alabama, Arkansas, California, Delaware 
Georgia, Iowa, Nevada, New Jersey, Ohio, and Oregon. 

Those u non compos mentisf or of “unsound mind”— Florida, Kansas, 
Minnesota, Rhode Island, South Carolina, West Virginia, and Wisconsin, 

* In many of tlie States the constitution declares that no person shall gain a residence 
by reason of being stationed on duty, as an officer, soldier, or marine, in the service of 
the United States. In several instances the courts have decided that persons do not 
lose their right of voting when thus stationed, if otherwise qualified. 





36 


Those under guardianship— Florida , Kansas , Maine, Massachusetts , 
MinnesotaRhode Island , and Wisconsin. 

Those who are under guardianship as a lunatic, or as a person mom 
compos mentis — Maryland. 

Those who are paupers— Delaware , Maine , Massachusetts , JVow Hamp¬ 
shire , Veto Jersey , Rhode Island , and West Virginia. 

Persons supported in an almshouse or asylum— Carolina. 

VIII. —On account of not taking Certain Oaths* 

Those not taking the oath of freemen— Connecticut and Vermont. 

Those not taking oaths of loyalty and allegiance prescribed in the con¬ 
stitution— Florida and Missouri. 

IX. —Other Classes Disqualified from Voting. 

Those who have not been citizens ten days before election—Veie Port:. 

Those disqualified as electors in States from whence they came —Ar 
Kansas. 


*Th'e election laws of all the States prescribe forms of oaths to he taken wliere the 
right of a person to vote is challenged. In the States above mentioned an oath is re¬ 
paired as an indispensable preliminary at first voting. 


i 



o 


i 







